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Canadian law The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous ...
, Canadian Internal Waters are the waters "on the landward side of the baselines of the territorial sea of
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
".


Definition

The baselines are defined as "the low-water line along the coast or on a low-tide elevation that is situated wholly or partly at a distance not exceeding the breadth of the territorial sea of Canada from the mainland or an island," and the territorial sea is defined as extending from the points of the baselines, or such other points as may be prescribed. Canada asserts that all waters within the bounds of the Canadian Arctic Archipelago, including
Hudson Bay Hudson Bay, sometimes called Hudson's Bay (usually historically), is a large body of Saline water, saltwater in northeastern Canada with a surface area of . It is located north of Ontario, west of Quebec, northeast of Manitoba, and southeast o ...
and the Northwest Passage, are within its internal waters. They also include the
Strait of Juan de Fuca The Strait of Juan de Fuca (officially named Juan de Fuca Strait in Canada) is a body of water about long that is the Salish Sea's main outlet to the Pacific Ocean. The Canada–United States border, international boundary between Canada and the ...
, the Strait of Georgia, Queen Charlotte Sound and Hecate Strait, the
Gulf of Saint Lawrence The Gulf of St. Lawrence is a gulf that fringes the shores of the provinces of Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, in Canada, plus the islands Saint-Pierre and Miquelon, possessions of France, in ...
and the
Bay of Fundy The Bay of Fundy () is a bay between the Canadian provinces of New Brunswick and Nova Scotia, with a small portion touching the U.S. state of Maine. It is an arm of the Gulf of Maine. Its tidal range is the highest in the world. The bay was ...
. Canada insists that its internal waters are delimited in accordance with the rules laid out in the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. , 169 sov ...
.


Dispute

The legal status of a section of the Northwest Passage is disputed: Canada considers it to be part of its internal waters, fully under Canadian jurisdiction according to the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. , 169 sov ...
. However, the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
has not accepted the international convention. The US and most maritime nations consider the area to be an international strait, which means that foreign vessels have the right of "transit passage". For an international strait, Canada would have the right to enact fishing and environmental regulation, fiscal and smuggling laws, and laws intended for the safety of shipping, but not the right to close the passage.


References

{{reflist, 2 Geography of Canada Disputed waters Canadian legal terminology Territorial disputes of Canada Northern Canada Coasts of Canada