Contents:
Territorial Application in Canada
Note: There are several entries about non-territorial application of legislation or treaties, like the Material scope of application of the 1958 Convention in the World Encyclopedia or, in Arbitration, the Consequences of the non-application of the New York Convention.
Territorial Application in accordance with the Interpretation Act
Legislative Territorial operation
Every legislation applies to the whole of the country, unless a contrary intention is expressed in the legislation.
Amending legislation
Where legislation (or piece of legislation) that does not apply to the whole of the country is amended, no provision in the amending legislation applies to any part of the country to which the amended legislation does not apply, as stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation, unless it is provided in the amending legislation that it applies to that part of the country or to the whole of the country.
Exclusive economic zone of the Country
Every legislation that applies in respect of exploring or exploiting, conserving or managing natural resources, whether living or non-living, applies, in addition to its application to the country, to the exclusive economic zone of the country, unless a contrary intention is expressed in the legislation.
Continental shelf of the country
Every legislation that applies in respect of exploring or exploiting natural resources that are:
- mineral or other non-living resources of the seabed or subsoil, or
- living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil
applies, in addition to its application to the country, to the continental shelf of the country, unless a contrary intention is expressed in the legislation.
Extra-territorial operation
Every Act now in force enacted prior to December, that expressly or by necessary or reasonable implication was intended, as to the whole or any part thereof, to have extra-territorial operation shall, according to the Interpretation rules affecting legislation, be construed as if, at the date of its legislation, the Parliament of the country had full power to make laws having extra-territorial operation as provided by the 1931 British Statute of Westminster a Great Britain statute clarifying (and granting legal and political independence) the powers of the each Parliament Commonwealth Dominions (including Canada). See also here.