Lloyd's Maritime and Commercial Law Quarterly
CANADIAN MARITIME DECISIONS 1995–1996
William Tetley*
GOVERNMENTAL ACTION
A. Canada Transportation Act
The Canada Transportation Act,1 which came into force on 4 July 1996, continues the National Transportation Agency as the “Canadian Transportation Agency”. Although directed largely at railways, it also affects shipping, in that it excludes regulation of northern marine resupply services.
B. Oceans Act
The Oceans Act2 declares Canadian jurisdiction over an exclusive economic zone and a contiguous zone, in accordance with the United Nations Convention on the Law of the Sea 1982,3 incorporates provisions of the Canadian Laws Offshore Application Act4 and the Territorial Sea and Fishing Zones Act5 and provides for a national oceans management strategy, while also consolidating and clarifying federal responsibilities for managing Canada’s ocean resources. In particular, it clarifies the mandate of the Canadian Coast Guard upon its transfer from the Department of Transport to the Department of Fisheries and Oceans on 1 April 1995.
C. Canada Marine Act
The Canada Marine Act6 is intended to make Canada’s ports more competitive and efficient, to establish Canada Port Authorities and Public Ports, to divest the federal Government of some ports, to commercialize the St Lawrence Seaway and to increase the financial self-sufficiency and accountability of pilotage authorities in Canada.
* Q.C., Professor of Law, McGill University and counsel to Langlois, Robert, Gaudreau of Montreal. The author is indebted to Robert C. Wilkins for his assistance in the correction and preparation of the text, as well as to Mark A. M. Gauthier, Senior Counsel, Transport Legal Services, Department of Justice of Canada.
1. S.C. 1996, c. 10.
2. S.C. 1996, c. 31, assented to on 18 December 1996 and in force, except for s. 53, as of 31 January 1997.
3. Adopted at Montego Bay, Jamaica, 10 December 1982, and in force internationally as of 16 November 1994. Canada is not yet a party to the Convention, however.
4. S.C. 1990, c. 44.
5. R.S.C. 1985, c. T-8.
6. Bill C-44 has been studied by the Standing Committee on Transport of the House of Commons and should now proceed to second reading. It is anticipated the Bill will become law in 1997.
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