Oceans Act (S.C. 1996, c. 31)

Act current to 2014-10-15 and last amended on 2014-04-01. Previous Versions

Marginal note:Rights of Her Majesty
  •  (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.

  • Marginal note:Saving

    (2) Nothing in this section abrogates or derogates from any legal right or interest held before February 4, 1991.

Marginal note:Application of provincial law
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Contiguous zone of Canada

 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.

Marginal note:Prevention in contiguous zone of infringement of federal laws

 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.