THE MEANING OF PUBLIC HARBOURS IN THE THIRD SCHEDULE TO THE BRITISH NORTH AMERICA ACT, 1867

Abstract

This article provides a discussion of the issue of public harbours, the item of all those under schedule three to the British North America Act that receives the most judicial attention. The author attempts to arrive at some sort of identification, as opposed to definition, of what constitutes a public harbour within the meaning of the Act. He begins by identifying the characteristics of a harbour, then goes on to analyze what makes a given harbour public according to the requirements of the Act. The article concludes with an analysis of the nature of the interest that passes to the Dominion upon such a finding. Finally, the author explores certain federal-provincial agreements that dictate present and future ownership of public harbours.