in Context the SCotian Shelf - COINAtlantic

International Legislation
The United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982, is considered
the international constitution of the oceans. UNCLOS incorporates both the codification of customary
international law and negotiated treaty commitments relating to the world’s oceans. It provides a
comprehensive framework for the regulation of the oceans and deals with a range of activities such as
access to the seas, navigation, protection and preservation of the marine environment, pollution prevention
and control, exploitation of living and nonliving resources, conservation, scientific monitoring
and research, and the outline of a dispute settlement mechanism. The Government of Canada ratified
the 1982 UNCLOS in 2003. A significant proportion of UNCLOS provisions are reflected in Canadian
legislation. There are also numerous other international instruments, processes and institutions dealing
with the full range of ocean issues in which Canada is actively engaged to promote and support its
interests and responsibilities. These rights and obligations under international conventions and agreements
are fully recognized and respected in Canada’s Oceans Strategy.
Ocean-related legislation and Policy
There are various federal and provincial acts and
policies that are relevant for the management of
ocean activities and the conservation and protection
of ocean resources on the Scotian Shelf. Chao et
al. (2004) provides a comprehensive Overview of
Federal, Provincial and International Ocean Regulatory
and Policy Frameworks on the Scotian Shelf.
Canada’s Ocean Act outlines the country’s responsibilites
for an integrated approach to coastal and
ocean management. The Act identifies the Minister
of Fisheries and Oceans Canada as the lead federal
authority for oceans management. Three primary
commitments outlined in the Act are: 1) develop
a national strategy for managing Canada’s oceans
(Section 29); 2) establish a national network of Marine
Protected Areas (Section 35); and 3) promote
the integrated management of Canada’s marine activities
(Section 31) (Government of Canada 1996).
Integrated Coastal and Ocean
Management on the Scotian Shelf
In 2002, the Canada’s Ocean’s Strategy was
released, which is the Government of Canada’s
policy statement for the management of estuarine,
coastal and marine ecosystems (Government of
Canada, 2002a). Canada’s Oceans Strategy sets
out the policy for ocean management in Canada.
At the heart of the strategy is an integrated approach
to ocean governance. Integrated management
requires collaboration between the federal
and provincial governments, Aboriginal peoples,
ocean industries, academia and the Canadian
public. The strategy commits the Government of
Canada to implement integrated management
and planning. Canada’s Policy and Operational
Framework for Integrated Management of Estuarine,
Coastal and Marine Environments in Canada
(Government of Canada, 2002b) outlines the
process for integrated management in Canada.
An integrated management initiative for the
Eastern Scotian Shelf was initiated in 1997. This
initiative lead to the development of an integrated
management plan and a governance structure that
included all levels of government and stakeholders.
Elements of the integrated management plan
and the governance structure, such as the Regional
Committee on Coastal and Ocean Management
(RCCOM), have since expanded and now provide
intergovernmental coordination for the entire
Scotian Shelf. The RCCOM is the senior executive
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