Vol. 143, No. 4 — February 18, 2009

Registration

SOR/2009-21 January 29, 2009

OCEANS ACT

Order Amending the Fishing Zones of Canada (Zones 4 and 5) Order

P.C. 2009-124 January 29, 2009

Whereas the dividing line on the continental shelf between Canada and Greenland is defined in the Agreement between the Government of the Kingdom of Denmark and the Government of Canada relating to the Delimitation of the Continental Shelf between Greenland and Canada (the “Agreement”), signed in Ottawa on December 17, 1973;

Whereas the Agreement provides for the adjustment of the dividing line when the parties to the Agreement are able to reconcile their respective geodetic datums used to estimate the dividing line in the Agreement;

Whereas the Government of Canada and the Government of the Kingdom of Denmark have agreed to adjust part of the dividing line in Davis Strait and Baffin Bay by amending the Agreement to list the relevant coordinates according to the World Geodetic System 1984, also called North American Datum 1983;

And whereas the adjustment to the dividing line under the Agreement necessitates an adjustment to the fishing zones prescribed in respect of the waters in the Fishing Zones of Canada (Zones 4 and 5) Order;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 25(b) of the Oceans Act (see footnote a), hereby makes the annexed Order Amending the Fishing Zones of Canada (Zones 4 and 5) Order.

ORDER AMENDING THE FISHING ZONES OF CANADA (ZONES 4 AND 5) ORDER

AMENDMENTS

1. Section 2 of the Fishing Zones of Canada (Zones 4 and 5) Order (see footnote 1) is amended by adding the following in alphabetical order:

“NAD83” means the North American Datum 1983 geodetic system. (NAD83)

2. The table entitled “AREA 1” in Schedule I to the Order is replaced by the following:

AREA 1

Davis Strait

	Column I Latitude	Column II Longitude	Column III Geodetic Datum
1.	66°15′00.0″N	62°28′30.0″W	NAD83
2.	66°15′00.0″N	57°37′50.4″W	NAD83
3.	66°12′50.4″N	57°38′00.5″W	NAD83
4.	66°03′29.8″N	57°39′27.3″W	NAD83
5.	65°57′37.0″N	57°39′55.6″W	NAD83
6.	65°57′30.0″N	57°39′55.6″W	NAD83
7.	65°51′44.9″N	57°40′26.4″W	NAD83
8.	65°50′48.6″N	57°40′27.4″W	NAD83
9.	65°37′35.3″N	57°41′44.7″W	NAD83
10.	65°34′44.7″N	57°42′10.6″W	NAD83
11.	65°23′19.5″N	57°44′49.9″W	NAD83
12.	65°18′05.0″N	57°45′41.8″W	NAD83
13.	65°14′31.3″N	57°44′59.5″W	NAD83
14.	65°11′29.7″N	57°44′13.2″W	NAD83
15.	65°08′47.4″N	57°43′41.2″W	NAD83
16.	65°06′02.5″N	57°43′57.1″W	NAD83
17.	64°12′03.8″N	57°48′05.2″W	NAD83
18.	64°04′12.1″N	57°49′00.7″W	NAD83
19.	63°57′21.9″N	57°53′23.8″W	NAD83
20.	63°52′34.1″N	57°56′27.9″W	NAD83
21.	63°50′02.8″N	57°57′00.9″W	NAD83
22.	63°43′59.2″N	57°58′35.9″W	NAD83
23.	63°37′09.7″N	58°01′00.2″W	NAD83
24.	63°35′01.2″N	58°01′51.6″W	NAD83
25.	63°28′37.4″N	57°59′37.4″W	NAD83
26.	63°22′51.3″N	57°57′17.5″W	NAD83
27.	62°47′08.4″N	57°40′49.5″W	NAD83
28.	62°11′20.8″N	57°25′07.4″W	NAD83
29.	62°03′′8.3″N	57°22′09.2″W	NAD83
30.	62°02′13.7″N	57°21′37.0″W	NAD83
31.	62°00′23.4″N	57°20′55.0″W	NAD83
32.	61°24′40.4″N	57°16′12.1″W	NAD83

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the orders.)

Issue and objectives

Canada and the Kingdom of Denmark signed the Agreement between the Government of the Kingdom of Denmark and the Government of Canada relating to the Delimitation of the Continental Shelf between Greenland and Canada (the “1973 Agreement”) in Ottawa on December 17, 1973. This convention defines the dividing line between Canada and Greenland using two different geodesic systems that are now outdated.

The Fishing Zones of Canada (Zones 4 and 5) Order, C.R.C., c. 1548, and the Fishing Zones of Canada (Zone 6) Order, C.R.C., c. 1549.

• redefine the dividing line between Canada and Greenland in the Davis Strait, Baffin Bay and Nares Strait;
• replace the two separate and outdated geodetic systems previously used by Canada and Denmark with a more precise geodetic system known as the World Geodetic System 1984 (WGS84), also called North American 1983 (NAD83) in Canada;
• update the geographical coordinates establishing the outer limit of Fishing Zones 4, 5 and 6;
• improve systems for navigation and position determination through GPS systems using NAD83/WGS84 data to assist fishers and help avoid disputes; and
• ensure the continuation of good relations with Denmark.

Description and rationale

In March 2004, Canada and Denmark agreed to amend the 1973 Agreement to redefine the dividing line between Canada and Greenland in the Davis Strait, Baffin Bay and Nares Strait using a more precise and common geodetic system.

Use of the new system will replace the two separate and outdated geodetic systems previously used by Canada and Denmark. Not only was the use of two systems awkward for comparison purposes, it has also meant that the dividing line was estimated to the best abilities of the technical working groups at the time.

Today, a more precise geodetic datum exists, known as the World Geodetic System 1984 (WGS84), alternatively called North American 1983 (NAD83) in Canada. Using the new system, the dividing line between Greenland and Canada will remain the median line. Due to the greater accuracy of the geodetic system, the line will shift very slightly in Canada’s favour (a matter of meters) from the line originally plotted.

The technical re-determination of the dividing line between Canada and Greenland in the 1973 Agreement is now possible by modifying these two fishing zone orders, the only legislation that make reference to the 1973 Agreement and the coordinates originally established under the now outdated geodetic systems. The two orders reflect the NAD83 coordinates, permitting amendments to the 1973 Agreement. Thus Canada is able to make use of the most current, accurate and reliable geographic coordinates. Fishing Zones that are more accurately charted will assist fishers and help to avoid disputes. The greater clarity ensured through the use of the common system, NAD83/WGS84, will also serve to ensure the continuation of good relations with Denmark and minimize the risk of litigation or enforcement incidents, and allow Canada to take advantage of the full area available in which to assert its sovereign rights to the natural resources of the waters in question.

Improved systems for navigation and position determination, and the wide use by vessels of GPS systems using NAD83/ WGS84 data, argue for a more precise definition of the dividing line pursuant to NAD83/WGS84.

The costs of updating the coordinates are negligible.

Consultation

Consultations were held with Justice Canada, Fisheries and Oceans Canada, Natural Resources Canada and Indian and Northern Affairs Canada, and the Privy Council Office. An information session was held for fisheries and tourism industry representatives of Nunavut and Newfoundland and Labrador, as well as government representatives of both. Letters were sent to the governments of Nunavut and of Newfoundland and Labrador, the Nunavut Wildlife Management Board, as well as to the Nunavut Tunngavik Incorporated and the Makivik Corporation to inform them of the proposed changes to the dividing line. All consulted parties concurred with the proposed adjustment.

Interested groups already consulted were notified immediately prior to the pre-publication of the proposed orders. The draft orders were then pre-published in the Canada Gazette, Part I, vol. 141, no. 31, pages 2232 (zones 4 and 5) and 2236 (zone 6), August 4, 2007. No comments were subsequently received.

Implementation, enforcement and service standards

No specific measure is required for enforcement, or service standards. However, Fishing Zones 4, 5 and 6 form part of the “Fisheries Waters” that are regulated by the Department of Fisheries and Oceans. The powers of this department include the right to refuse entry into these waters by any foreign fishing vessel.

Contact

Stephen de Boer
Director
Oceans and Environmental Law Division (JLO)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Tower C — 7th Floor
Ottawa Ontario
K1A 0G2
Telephone: 613-992-2104
Fax: 613-992-6483

Footnote a
S.C. 1996, c. 31

Footnote 1
C.R.C., c. 1548