Places of Refuge in Atlantic Canada: Legal Obligations and Vulnerabilities

Perched on the edge of the North Atlantic, the East Coast of Canada boasts a rich seafaring history and inter-generational dependence on the local marine environment. Many coastal communities are tied to the sea for... [ view full abstract ]

Perched on the edge of the North Atlantic, the East Coast of Canada boasts a rich seafaring history and inter-generational dependence on the local marine environment. Many coastal communities are tied to the sea for sustenance, trade, recreation, and transportation. While some industries have moved, fishing and transportation of goods and passengers by sea continue to place high demands on local ports and harbours. However, accessibility of public infrastructure and exposure to marine traffic can place these hubs at risk. Not simply to damage from weather systems intensified by climate change, or to the emerging threat of cybercrime as vessel systems and port infrastructure become more automated, but to the practical challenge of restricting entry when a vessel presents an operational, environmental, or safety risk. 

Many port and harbour operators believe they have a legal duty to accommodate vessels in distress, regardless of circumstances. Another assumption, or finding, is that once a vessel enters a port there is little an operator can do to remove it without consent of the owner. This paper addresses these understandings head-on and reviews the status of Canadian maritime law relating to vessels in distress and the obligations of port and harbour operators, federal or provincial, to provide a place of refuge. Several problem-solving strategies will be reviewed to provide stakeholders with an understanding of tools currently available and measures to mitigate risk. The proposed federal legislation on wrecked, abandoned, and hazardous vessels (Bill C-64) will also be considered.