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Oceans are divided into zones. These zones, as outlined under the UNCLOS and stated in Canadian law in the Oceans Act, are:
- Internal Waters (all waters landward of a coastal state's baselines)
- Territorial Sea (0–12 nautical miles)
- Contiguous Zone (12–24 nautical miles)
- Exclusive Economic Zone (12–200 nautical miles)
- Continental Shelf (12–200 nautical miles, but can be farther under certain circumstances)
Waters beyond national jurisdiction are known as the high seas. Seabed beyond national jurisdiction is called the Area. Generally, the rights and jurisdiction of a coastal state diminish seaward through the successive maritime areas.
Article 76 of UNCLOS defines the continental shelf as "the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.&quot:In essence, it is the submarine extension of a coastal state's land territory to the outer edge of the continental margin (including the continental shelf, slope and rise), or the portion up to 200 nautical miles where the continental margin does not extend beyond 200 nautical miles. This legal definition of the juridical continental shelf is often confused with the scientific definition, which usually refers only to the physical shelf.
Continental shelf is a combined juridical and geological concept. All coastal states have a juridical continental shelf which extends up to 200 nautical miles. Some states have a geological continental shelf which extends beyond 200 nautical miles. These States are referred to as “wide margin” or “broad shelf” states, of which Canada is one. Where the shelf extends beyond 200 nautical miles, the state must officially determine the outer limit and thus establish conclusively the shelf area over which it enjoys authority.
According to Article 77 of UNCLOS, a coastal state has sovereign rights to explore the shelf and exploit its natural resources, which consist of mineral and other non-living resources of the seabed and subsoil, as well as living resources (sedentary species).
Within the 200-nautical-mile EEZ, a coastal state has sovereign rights to explore and exploit, conserve and manage the natural resources, both living or non-living, and to pursue other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds.A coastal state has jurisdiction to establish and use artificial islands, installations and structures; carry out marine scientific research; and ensure the protection and preservation of the marine environment.Outside the 200-nautical-mile EEZ, a coastal State does not have sovereign rights over resources in the water column above the continental shelf.
Do all states have a continental shelf extending beyond 200 nautical miles?
No. All coastal States are entitled to establish an EEZ extending 200 nautical miles from the baselines. Such states automatically have continental shelves out to the same distance, and as a result, EEZs and continental shelves may be have the same outer limit. However, many coastal States, including Canada, have shelves that extend beyond the 200 nautical mile limit of their EEZ.
Particulars of the outer limit of the continental shelf may be submitted to the UN Commission on the Limits of the Continental Shelf no later than 10 years after ratification of UNCLOS. In accordance with its Scientific and Technical Guidelines, the Commission will review the submission and make appropriate recommendations regarding the outer limit of the continental shelf. However, only the coastal State can establish the final and binding limits of its continental shelf on the basis of those recommendations.
Delimiting the extended continental shelf is not a race for resources. On the contrary, in the Arctic Ocean, the countries involved, Canada, Russia, Denmark and the US, work cooperatively to establish their respective outer limits of the continental shelf according to the internationally agreed criteria set out under UNCLOS.
The value of cooperation in continental shelf delimitation was further reinforced by the five Arctic Ocean coastal states - Canada, Denmark, Norway, Russia, U.S. - attending the Arctic Ocean Conference, held from 27-29 May 2008, in Ilulissat, Greenland. Ministers agreed on the Ilulissat Declaration which confirmed that the five coastal states are cooperating in the Arctic Ocean within a rules-based process of delimitation of the continental shelf.
Collaboration assists all countries in defining the continental shelf in the Arctic Ocean, provides data of interest to all countries, increases scientific and diplomatic cooperation, and offers cost benefits.
The Commission on the Limits of the Continental Shelf has 21 members, elected exclusively from states that have ratified UNCLOS. Members are experts in geology, geophysics, or hydrography. They serve in their personal capacity for a five-year term and are eligible for re-election. The first election took place at the United Nations in March 1997. The Commission may, at its discretion, cooperate with the Intergovernmental Oceanographic Commission (IOC) of UNESCO, the International Hydrographic Organization (IHO) and other competent international organizations to exchange scientific and technical information which may help to carry out its responsibilities (see Annex II, article 3(2) of UNCLOS).
The Commission makes a recommendation based on the scientific data and other material submitted by a coastal state about the outer limit of its continental shelf. It may also, at the request of a coastal state, provide scientific and technical advice during the preparation of the data. The Commission assigns the matter to a subcommission, which makes recommendations to the Commission. If the recommendations are not acceptable to the state, it must make a new or revised submission.
When the Commission establishes a subcommission, it also identifies any members who are ineligible to serve on it (see article 5 of Annex II to the Convention), i.e. Commission members who are nationals of the coastal State making the submission, and members who have provided scientific and technical advice for the submission. Ineligible members can, however, participate in the submission proceedings. The coastal state which has made a submission may be invited to participate in the proceedings on specific issues concerning its submission without the right to vote.
The continental shelf may not extend beyond 350 nautical miles (648 km) from the baselines from which the territorial sea is measured or not more than 100 nautical miles (185 km) beyond the point at which the seabed lies at a depth of 2,500 metres. A coastal state may select which of these rules it wants to apply in any given area. As a result, shelves may, in certain cases, extend beyond 350 nautical miles.
Canada's Oceans Act, paragraph 17(1)(a) states that the outer limits will be “determined in the manner under international law that results in the maximum extent of the continental shelf of Canada”.
There are two methods. The first is based on the seabed's topography (i.e. shape), and the other is based on the thickness of deposits (i.e. sediment thickness). Coastal states may use the methods separately or in combination to give them the largest possible shelf.
Canada estimates that its continental shelf beyond 200 nautical miles covers approximately 1.7 million square kilometres. For comparison purposes, Australia has made a submission in 2004 concerning 3.4 million square kilometres of shelf beyond 200 nautical miles.
According to Annex II, article 4 of UNCLOS, a coastal state has 10 years from the date UNCLOS entered into force to make a submission concerning the outer limits of its continental shelf beyond 200 nautical miles. States that ratified UNCLOS before May 13, 1999 (when the Scientific and Technical Guidelines of the Commission were adopted) have until May 13, 2009 to make their submissions. However, at the 2008 Meeting of States Parties, States Parties to UNCLOS recognized that some coastal States, in particular developing countries, including small island developing States, continue to face particular challenges in submitting information to the Commission in accordance with article 76 of UNCLOS and article 4 of annex II to UNCLOS. As a result, in its decision SPLOS/183, States Parties decided that the time period referred to in article 4 of annex II to UNCLOS and the decision contained in SPLOS/72, paragraph (a), may be satisfied by submitting to the Secretary-General preliminary information indicative of the outer limits of the continental shelf beyond 200 nautical miles and a description of the status of preparation and intended date of making a submission in accordance with the requirements of article 76 of UNCLOS and with the Rules of Procedure and the Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf.
Canada has until the end of 2013 to make its submission.
Defining the outer limit will provide certainty regarding the limit of the area where Canada has sovereign rights for exploring and exploiting the natural resources of the seabed and subsoil.
The continental shelf is not part of the territory of a coastal state. Thus, establishing the outer limit of the continental shelf will not increase the territory of Canada nor will it extend sovereign rights in the water column beyond 200 nautical miles.
Exploration licences have been granted for petroleum resources on the Canadian continental shelf beyond 200 nautical miles on the Grand Banks of Newfoundland and Labrador. However, it is not known whether there will be any production beyond 200 nautical miles any time soon.Economic benefits are difficult to predict at this point. However, Article 82 of UNCLOS provides a form of revenue sharing for the benefit of developing states with respect to production beyond 200 nautical miles, after the first five years of exploitation. The International Seabed Authority will distribute payments and contributions &quot:on the basis of equitable sharing criteria, taking into account the interests and needs of developing states, particularly the least developed and the land-locked among them."
Yes. Canada is currently cooperating with:
- Denmark;
- United States;
- Russia.
Canada-Denmark
Canada collaborated in 2006 with Denmark in a survey on the Lomonosov Ridge to ascertain whether that ridge forms a natural prolongation of the North American continent. The results of that expedition were interpreted jointly and were presented at the International Geological Congress in Oslo on August 9, 2008. The results indicated that the scientific data demonstrate that Lomonosov Ridge is attached to the North American and Greenland plates.
Canada-United States
An American scientist was working with Canadian scientists in the Western Arctic aboard the Canadian icebreaker Louis S. St. Laurent in September 2007. This year, Canada and the United States are engaged in a joint survey in the Western Arctic which will assist both countries in defining the continental shelf in the Arctic Ocean.
Canada-Russia
Canadian and Russian officials met twice in 2007. A joint Canada-Russia statement at the PM level in November 2007 reiterated commitment to respecting international law, including UNCLOS.
No. Hans Island does not lie in the area of Canada's extended continental shelf.Accordingly, the dispute with Denmark over sovereignty of Hans Island is not affected.
The actions of the Commission are without prejudice to the delimitation of boundaries of states having opposite or adjacent coasts. These will be resolved separately on a bilateral basis at the appropriate time.
The area off the Grand Banks from Hamilton Bank south to the Laurentian Fan was surveyed in 2006.Data is also being collected for the Scotian Shelf (2007) and Labrador Sea (2008) that will maximize the outer limit of Canada's continental shelf.
There are no plans to collect survey data on Canada's Pacific Coast because the ocean floor drops off sharply close to the BC coastline thus the continental margin is estimated at less than 200 nautical miles.
Yes. Canada conducted test seismic surveys in the Beaufort Sea in 2006 and will return in 2007, 2008 and 2009.
Yes. The shelf surrounding the Arctic Archipelago is part of Canada.
Three federal departments are involved:
- Department of Foreign Affairs and International Trade – responsible for coordinating the preparation and presentation of the submission to the Commission;
- Natural Resources Canada (the Geological Survey of Canada) - responsible for seismic surveys; and
- Fisheries and Oceans Canada (the Canadian Hydrographic Service) - responsible for bathymetric surveys.
The first state to submit documentation to the Commission was the Russian Federation (2001). Since then, Brazil (2004), Australia (2004), Ireland (2005), New Zealand (2006), Norway (2006), France (2007), Mexico (2007), Barbados (2007), United Kingdom (2007) and Indonesia (2007) have made their submissions. In addition, Ireland, the United Kingdom, France and Spain submitted joint documentation in 2006 relating to a specific area in which they have overlapping claims.
A number of submissions are expected to be made to the Commission in 2009 (SPLOS/INF/20 and SPLOS/INF/20/Add.1).
No. The rights of the coastal State over the continental shelf do not depend on occupation, effective or notional, or on any express proclamation. Sovereign rights are exclusive in the sense that if a coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State (see Article 77 of UNCLOS).
No. Failure to meet the deadline will not result in the coastal state losing its sovereign rights to a continental shelf beyond 200 nautical miles.
UNCLOS codifies the customary international law regarding coastal State sovereign rights over its continental shelf. Both now and before ratifying UNCLOS, Canada exercises continental shelf jurisdiction over the full extent of its continental shelf both within and beyond 200 miles.
Canada is surveying and mapping the outer limit of its continental shelf.
According to article 84 of UNCLOS, a coastal State must show the outer limits and the lines of delimitation on charts of a scale or scales adequate to determine their position. Where appropriate, geographical coordinates may be substituted for outer limit lines or lines of delimitation.
No. Delimiting the outer limits of the continental shelf is a separate process from Canada's international efforts to curb foreign overfishing outside 200 miles.

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Canada's Extended Continental Shelf

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Date Modified:: 2012-01-18

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