Maritime Law in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Constitutional Foundation and Federal Jurisdiction

Maritime law in Canada is grounded in the constitutional allocation of legislative authority. Section 91(10) of the Constitution Act, 1867 confers exclusive jurisdiction over navigation and shipping on the Parliament of Canada. This head of power has been broadly construed by the courts, extending to both inland waters and the high seas, and encompassing matters as diverse as shipbuilding, seafarers’ rights, marine safety, and environmental protection. The federal maritime jurisdiction was early recognized as co-extensive with the admiralty jurisdiction historically exercised by the English High Court of Admiralty, and was held to include those rules of maritime law — both domestic and international — that form part of the “general law of the sea” (The “Nord” v. The “Themis”, [1925] SCR 691; ITO-International Terminal Operators Ltd. v. Miida Electronics Inc., [1986] 1 SCR 752).

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Maritime Law in Canada

Constitutional Foundation and Federal Jurisdiction