Bill C-26
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Continental Shelf |
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Continental
shelf of
Canada
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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
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Determi- nation of the outer limit of the continental shelf of Canada
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(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.
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Sovereign
rights of
Canada
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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.
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Rights of Her
Majesty
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19. (1) For greater certainty, any rights of
Canada in the continental shelf of Canada are
vested in Her Majesty in right of Canada.
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Saving
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(2) Nothing in this section abrogates or
derogates from any legal right or interest held
before February 4, 1991.
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Application of
federal
laws -
continental
shelf
installations
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20. (1) Subject to any regulations made
pursuant to paragraph 26(1)(j) or (k), federal
laws apply
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Interpreta- tion
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(2) For the purposes of subsection (1),
federal laws shall be applied
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Application of
provincial law
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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
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Limitation
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(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
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Interpreta- tion
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(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.
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Sums due to
province
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(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.
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Limitation
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(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.
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Court Jurisdiction |
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Jurisdiction
extended
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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
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Jurisdiction
extended -
provincial
laws
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(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.
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Orders and
powers
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(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.
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Criminal
offences
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(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.
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Saving
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(5) Nothing in this section limits the
jurisdiction that a court may exercise apart
from this Act.
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Definition of
``court''
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(6) In this section, ``court'' includes a judge
of a court and a justice of the peace.
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Miscellaneous Provisions |
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Certificate -
Minister of
Foreign
Affairs
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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,
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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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Certificate -
Minister of
Fisheries and
Oceans
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(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.
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Certificate
cannot be
compelled
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(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.
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Saving
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24. Nothing in this Part limits the operation
that any Act, rule of law or instrument has
apart from this Part.
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Regulations |
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Recommen- dation - Minister of Foreign Affairs
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25. The Governor in Council may, on the
recommendation of the Minister of Foreign
Affairs, make regulations
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Recommen- dation - Minister of Justice
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26. (1) The Governor in Council may, on the
recommendation of the Minister of Justice,
make regulations
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Restriction
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(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.
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Interpreta- tion
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(3) For the purposes of paragraphs (1)(j) and
(k), federal laws and the laws of a province
shall be applied
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Publication of
proposed
regulations
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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.
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Exception
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(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.
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