GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Oceans Act — O-2.4 7
Part of Canada 7 For greater certainty, the internal waters of Canada and the territorial sea of Canada form part of Canada.
Oceans Act — O-2.4 8
Rights of Her Majesty 8 (1) For greater certainty, in any area of the sea not within a province, the seabed and subsoil below the internal waters of Canada and the territorial sea of Canada are vested in Her Majesty in right of Canada. Saving (2) Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
Oceans Act — O-2.4 9
Application of provincial law 9 (1) Subject to this section and to any other Act of Parliament, the laws of a province apply in any area of the sea (a) that forms part of the internal waters of Canada or the territorial sea of Canada; (b) that is not within any province; and (c) that is prescribed by the regulations. Limitation (2) Subject to any regulations made pursuant to paragraph 26(1)(d), subsection (1) does not apply in respect of any provision of a law of a province that (a) imposes a tax or royalty; or (b) relates to mineral or other non-living natural resources. Interpretation (3) For the purposes of this section, the laws of a province shall be applied as if the area of the sea in which those laws apply under this section were within the territory of that province. Sums due to province (4) Any sum due under a law of a province that applies in an area of the sea under this section belongs to Her Majesty in right of the province. Limitation (5) For greater certainty, this section shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any area of the sea in which a law of a province applies under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.
Oceans Act — O-2.4 10
Contiguous zone of Canada 10 The contiguous zone of Canada consists of an area of the sea that has as its inner limit the outer limit of the territorial sea of Canada and as its outer limit the line every point of which is at a distance of 24 nautical miles from the nearest point of the baselines of the territorial sea of Canada, but does not include an area of the sea that forms part of the territorial sea of another state or in which another state has sovereign rights.
Oceans Act — O-2.4 11
Prevention in contiguous zone of infringement of federal laws 11 A person who is responsible for the enforcement of a federal law that is a customs, fiscal, immigration or sanitary law and who has reasonable grounds to believe that a person in the contiguous zone of Canada would, if that person were to enter Canada, commit an offence under that law may, subject to Canada’s international obligations, prevent the entry of that person into Canada or the commission of the offence and, for greater certainty, section 25 of the Criminal Code applies in respect of the exercise by a person of any powers under this section.
Oceans Act — O-2.4 12
Enforcement in contiguous zone of federal laws 12 (1) Where there are reasonable grounds to believe that a person has committed an offence in Canada in respect of a federal law that is a customs, fiscal, immigration or sanitary law, every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of that offence may also be exercised in the contiguous zone of Canada. Limitation (2) A power of arrest referred to in subsection (1) shall not be exercised in the contiguous zone of Canada on board any ship registered outside Canada without the consent of the Attorney General of Canada.
Oceans Act — O-2.4 13
Exclusive economic zone of Canada 13 (1) The exclusive economic zone of Canada consists of an area of the sea beyond and adjacent to the territorial sea of Canada that has as its inner limit the outer limit of the territorial sea of Canada and as its outer limit (a) subject to paragraph (b), the line every point of which is at a distance of 200 nautical miles from the nearest point of the baselines of the territorial sea of Canada; or (b) in respect of a portion of the exclusive economic zone of Canada for which geographical coordinates of points have been prescribed pursuant to subparagraph 25(a)(iii), lines determined from the geographical coordinates of points so prescribed. Determination of the outer limit of the exclusive economic zone of Canada (2) For greater certainty, paragraph (1)(a) applies regardless of whether regulations are made pursuant to subparagraph 25(a)(iv) prescribing geographical coordinates of points from which the outer limit of the exclusive economic zone of Canada may be determined.
Oceans Act — O-2.4 14
Sovereign rights and jurisdiction of Canada 14 Canada has (a) sovereign rights in the exclusive economic zone of Canada for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the exclusive economic zone of Canada, such as the production of energy from the water, currents and winds; (b) jurisdiction in the exclusive economic zone of Canada with regard to (i) the establishment and use of artificial islands, installations and structures, (ii) marine scientific research, and (iii) the protection and preservation of the marine environment; and (c) other rights and duties in the exclusive economic zone of Canada provided for under international law.
Oceans Act — O-2.4 15
Rights of Her Majesty 15 (1) For greater certainty, any rights of Canada in the seabed and subsoil of the exclusive economic zone of Canada and their resources are vested in Her Majesty in right of Canada. Saving (2) Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
Oceans Act — O-2.4 16
Fishing zones of Canada 16 The fishing zones of Canada consist of areas of the sea adjacent to the coast of Canada that are prescribed in the regulations.
Oceans Act — O-2.4 17
Continental shelf of Canada 17 (1) The continental shelf of Canada is the seabed and subsoil of the submarine areas, including those of the exclusive economic zone of Canada, that extend beyond the territorial sea of Canada throughout the natural prolongation of the land territory of Canada (a) subject to paragraphs (b) and (c), to the outer edge of the continental margin, determined in the manner under international law that results in the maximum extent of the continental shelf of Canada, the continental margin being the submerged prolongation of the land mass of Canada consisting of the seabed and subsoil of the shelf, the slope and the rise, but not including the deep ocean floor with its oceanic ridges or its subsoil; (b) to a distance of 200 nautical miles from the baselines of the territorial sea of Canada where the outer edge of the continental margin does not extend up to that distance; or (c) in respect of a portion of the continental shelf of Canada for which geographical coordinates of points have been prescribed pursuant to subparagraph 25(a)(iii), to lines determined from the geographical coordinates of points so prescribed. Determination of the outer limit of the continental shelf of Canada (2) For greater certainty, paragraphs (1)(a) and (b) apply regardless of whether regulations are made pursuant to subparagraph 25(a)(iv) prescribing geographical coordinates of points from which the outer edge of the continental margin or other outer limit of the continental shelf of Canada may be determined. 1996, c. 31, s. 17; 2015, c. 3, s. 137(E)
Oceans Act — O-2.4 18
Sovereign rights of Canada 18 Canada has sovereign rights over the continental shelf of Canada for the purpose of exploring it and exploiting the mineral and other non-living natural resources of the seabed and subsoil of the continental shelf of Canada, together with living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed of the continental shelf of Canada or are unable to move except in constant physical contact with the seabed or the subsoil of the continental shelf of Canada.
Oceans Act — O-2.4 19
Rights of Her Majesty 19 (1) For greater certainty, any rights of Canada in the continental shelf of Canada are vested in Her Majesty in right of Canada. Saving (2) Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.
Oceans Act — O-2.4 20
Application of federal laws — continental shelf installations 20 (1) Subject to any regulations made pursuant to paragraph 26(1)(j) or (k), federal laws apply (a) on or under any marine installation or structure from the time it is attached or anchored to the continental shelf of Canada in connection with the exploration of that shelf or the exploitation of its mineral or other non-living resources until the marine installation or structure is removed from the waters above the continental shelf of Canada; (b) on or under any artificial island constructed, erected or placed on the continental shelf of Canada; and (c) within such safety zone surrounding any marine installation or structure or artificial island referred to in paragraph (a) or (b) as is determined by or pursuant to the regulations. Interpretation (2) For the purposes of subsection (1), federal laws shall be applied (a) as if the places referred to in that subsection formed part of the territory of Canada; (b) notwithstanding that by their terms their application is limited to Canada; and (c) in a manner that is consistent with the rights and freedoms of other states under international law and, in particular, with the rights and freedoms of other states in relation to navigation and overflight.
Oceans Act — O-2.4 21
Application of provincial law 21 (1) Subject to this section and to any other Act of Parliament, the laws of a province apply to the same extent as federal laws apply pursuant to section 20 in any area of the sea (a) that forms part of the exclusive economic zone of Canada or is above the continental shelf of Canada; (b) that is not within any province; and (c) that is prescribed by the regulations. Limitation (2) Subject to any regulations made pursuant to paragraph 26(1)(d), subsection (1) does not apply in respect of any provision of a law of a province that (a) imposes a tax or royalty; or (b) relates to mineral or other non-living natural resources. Interpretation (3) For the purposes of this section, the laws of a province shall be applied as if the area of the sea in which those laws apply under this section were within the territory of that province. Sums due to province (4) Any sum due under a law of a province that applies in an area of the sea under this section belongs to Her Majesty in right of the province. Limitation (5) For greater certainty, this section shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any area of the sea in which a law of a province applies under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.
Oceans Act — O-2.4 22
Jurisdiction extended 22 (1) Subject to subsection (4) and to any regulations made pursuant to paragraph 26(1)(h), a court that would have jurisdiction in respect of any matter had the matter arisen in a province has jurisdiction in respect of any such matter involving a federal law that applies pursuant to this Act to the extent that the matter arises in whole or in part in any area of the sea that is not within any province and (a) that area of the sea is nearer to the coast of that province than to the coast of any other province; or (b) that province is prescribed by the regulations. Jurisdiction extended — provincial laws (2) Subject to any regulations made pursuant to paragraph 26(1)(h), a court that would have jurisdiction in respect of any matter had the matter arisen in a province has jurisdiction in respect of any such matter involving a law of the province that applies pursuant to this Act to the extent that the matter arises in whole or in part in any area of the sea to which the law of that province applies pursuant to this Act. Orders and powers (3) A court referred to in subsection (1) or (2) may make any order or exercise any power it considers necessary in respect of any matter referred to in that subsection. Criminal offences (4) The jurisdiction and powers of courts with respect to offences under any federal law are determined pursuant to sections 477.3, 481.1 and 481.2 of the Criminal Code . Saving (5) Nothing in this section limits the jurisdiction that a court may exercise apart from this Act. Definition of court (6) In this section, court includes a judge of a court and a justice of the peace.
Oceans Act — O-2.4 23
Certificate — Minister of Foreign Affairs 23 (1) In any legal or other proceedings, a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographic location specified in the certificate was, at any time material to the proceedings, (a) in the internal waters of Canada, (b) in the territorial sea of Canada, (c) in the contiguous zone of Canada, (d) in the exclusive economic zone of Canada, or (e) in or above the continental shelf of Canada is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate. Certificate — Minister of Fisheries and Oceans (2) In any legal or other proceedings, a certificate issued by or under the authority of the Minister containing a statement that any geographic location specified in the certificate was, at any time material to the proceedings, within an area of the sea in which a law of the province named in the certificate applies under section 9 or 21 is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate. Certificate cannot be compelled (3) A certificate referred to in subsection (1) or (2) is admissible in evidence in proceedings referred to in that subsection, but its production cannot be compelled.
Oceans Act — O-2.4 24
Saving 24 Nothing in this Part limits the operation that any Act, rule of law or instrument has apart from this Part.
Oceans Act — O-2.4 25
Recommendation — Minister of Foreign Affairs 25 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, make regulations (a) prescribing geographical coordinates of points from which (i) baselines may be determined under subsection 5(2) as straight lines interpreted as geodesics, (ii) in respect of a portion of the territorial sea of Canada prescribed in the regulations, an outer limit line may be determined, where, in the opinion of the Governor in Council, a portion of the territorial sea of Canada determined in accordance with paragraph 4(a) would conflict with the territorial sea of another state or other area of the sea in which another state has sovereign rights or would be unreasonably close to the coast of another state, (iii) in respect of a portion of the exclusive economic zone of Canada or the continental shelf of Canada prescribed in the regulations, an outer limit line may be determined, where, in the opinion of the Governor in Council, a portion of the exclusive economic zone of Canada or the continental shelf of Canada determined in accordance with paragraph 13(1)(a) or 17(1)(a) or (b) would conflict with the territorial sea of another state or other area of the sea in which another state has sovereign rights or would be unreasonably close to the coast of another state or is otherwise inappropriate, and (iv) the outer limit of the exclusive economic zone of Canada or the outer edge of the continental margin or other outer limit of the continental shelf of Canada may be determined; and (b) prescribing areas of the sea adjacent to the coast of Canada as fishing zones of Canada.
Oceans Act — O-2.4 26
Recommendation — Minister of Justice 26 (1) The Governor in Council may, on the recommendation of the Minister of Justice, make regulations (a) prescribing a work or a class of works for the purpose of the definition marine installation or structure in section 2; (b) making any law of a province applicable in respect of any part of the area of the sea in which laws of the province apply under section 9 or 21, even though the law, by its own terms, is applicable only in respect of a particular area within the province; (c) restricting the application of subsection 9(1) or 21(1) to such laws of a province as are specified in the regulations; (d) making subsection 9(1) or 21(1) applicable, on the terms and conditions, if any, specified in the regulations, in respect of any laws of a province that impose a tax or royalty or relate to mineral or other non-living natural resources; (e) excluding any law of a province from the application of subsection 9(1) or 21(1); (f) determining or prescribing the method of determining the safety zone referred to in paragraph 20(1)(c); (g) prescribing an area of the sea and a province for the purposes of subsection 9(1), 21(1) or 22(1); (h) restricting the application of subsection 22(1), (2) or (3) to courts of a district or territorial division of a province; (i) prescribing, in respect of any area of the sea and for the purpose of subsection 22(1), the manner of determining the province that has the coast nearest to that area; (j) excluding any federal laws or laws of a province or any of their provisions from the application of subsection 20(1) or 21(1), as the case may be, in respect of any area in or above the continental shelf of Canada or in respect of any specified activity in any such area; and (k) making federal laws or laws of a province or any of their provisions applicable, in such circumstances as are specified in the regulations, (i) in the exclusive economic zone of Canada or in a portion of that zone, (ii) in or above the continental shelf of Canada or a portion of that shelf, or (iii) in any area beyond the continental shelf of Canada, where that application is made pursuant to an international agreement or arrangement entered into by Canada. Restriction (2) A regulation made pursuant to subsection (1) in relation to a law of a province may be restricted to a specific area or place or to a specific provision of the law. Interpretation (3) For the purposes of paragraphs (1)(j) and (k), federal laws and the laws of a province shall be applied (a) as if the places referred to in any regulations made pursuant to either of those paragraphs formed part of the territory of Canada; (b) notwithstanding that by their terms their application is limited to Canada or a province; and (c) in a manner that is consistent with the rights and freedoms of other states under international law and, in particular, with the rights and freedoms of other states in relation to navigation and overflight.
Oceans Act — O-2.4 27
Publication of proposed regulations 27 (1) A copy of each regulation that the Governor in Council proposes to make pursuant to paragraph 25(b) or section 26 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and a reasonable opportunity shall be given to interested persons and provinces to make representations with respect to the proposed regulation. Exception (2) No proposed regulation that has been published pursuant to this section need again be published under this section, whether or not it has been altered.
Oceans Act — O-2.4 28
Part does not apply to inland waters 28 For greater certainty, this Part does not apply in respect of rivers and lakes.
Oceans Act — O-2.4 29
Development and implementation of strategy 29 The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of a national strategy for the management of estuarine, coastal and marine ecosystems in waters that form part of Canada or in which Canada has sovereign rights under international law.
Oceans Act — O-2.4 30
Principles of strategy 30 The national strategy will be based on the principles of (a) sustainable development, that is, development that meets the needs of the present without compromising the ability of future generations to meet their own needs; (b) the integrated management of activities in estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law; and (c) the precautionary approach, that is, erring on the side of caution.
Oceans Act — O-2.4 31
Integrated management plans 31 The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of plans for the integrated management of all activities or measures in or affecting estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law.
Oceans Act — O-2.4 32
Implementation of integrated management plans 32 For the purpose of the implementation of integrated management plans, the Minister (a) shall develop and implement policies and programs with respect to matters assigned by law to the Minister; (b) shall coordinate with other ministers, boards and agencies of the Government of Canada the implementation of policies and programs of the Government with respect to all activities or measures in or affecting coastal waters and marine waters; (c) may, on his or her own or jointly with another person or body or with another minister, board or agency of the Government of Canada, and taking into consideration the views of other ministers, boards and agencies of the Government of Canada, provincial and territorial governments and affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, (i) establish advisory or management bodies and appoint or designate, as appropriate, members of those bodies, and (ii) recognize established advisory or management bodies; and (d) may, in consultation with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, establish marine environmental quality guidelines, objectives and criteria respecting estuaries, coastal waters and marine waters.