THE NEED FOR A CANADIAN SUBMERGED LANDS ACT: SOME FURTHER THOUGHTS ON CANADA'S OFFSHORE MINERAL RIGHTS PROBLEMS

Authors

  • LAWRENCE L HERMAN

Abstract

Issues of title to and jurisdiction over the non-living resources of the continental shelf gained publicity in the 1977 federal election campaign. Although not directly addressing constitutional matters related to these issues, this article proceeds on the assumption that debate over them continues. It argues for a federal Act that extends existing federal and provincial laws to activities such as platforms for exploration occurring on or related to the continental shelf. The argument rests on the assertion that a lack of applicable legislation may leave criminal acts unpunished and tort actions without remedy, and bases proposals for Canadian submerged lands legislation on an examination of legislation in the United Kingdom, Australia, New Zealand and the United States.

Keywords:

Environmental Control, International Law, Mines and Minerals, Natural Resources, Real Property

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Published

1980-09-01

Issue

Section

Legal Commentary