Internal Waters of Canada

Note: About an international approach of internal waters, se more here.

Art. 5 of the Oceans Act states that the internal waters of Canada consist of the waters on the landward side of the baselines of the territorial sea of Canada. The internal waters include, therefore the Strait of Juan de Fuca, Strait of Georgia, Queen Charlotte Sound, Hecate Strait, the Gulf of Saint Lawrence, the Bay of Fundy, and part of the Northwest Passage, since the right to close a section of the Northwest Passage is disputed.

Interpretation of Legislation in relation to Internal Waters

“Internal waters” (French: eaux intérieures), as stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation,

• in relation to this country, means the internal waters of Canada as determined under the Canadian Oceans Act and includes the airspace above and the bed and subsoil below those waters, and
• in relation to a non-Canada country (but from the point of view of the Canadian legislation), means the waters on the landward side of the baselines of the territorial sea of the other state.

Certificate

According to the Oceans Act (art. 23), 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, in the internal waters 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.

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This entry was last updated: January 28, 2014