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Old 17-05-2020, 13:36   #1
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Canada bans NWP to Canadian Cruisers

As of June 1st, Canadian flagged pleasure craft are banned in artic waters North of the 60th parallel.

But of course foreign flagged cruising vessels can still transit. I guess I will have to change my flag again.
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Old 17-05-2020, 14:04   #2
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Re: Canada bans NWP to Canadian Cruisers

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Originally Posted by undercutter View Post
As of June 1st, Canadian flagged pleasure craft are banned in artic waters North of the 60th parallel.

But of course foreign flagged cruising vessels can still transit. I guess I will have to change my flag again.
where did you hear this?
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Old 17-05-2020, 14:19   #3
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Re: Canada bans NWP to Canadian Cruisers

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where did you hear this?
My wife saw it on twitter and I confirmed on the Web. Several articles. Announced 3 days ago.
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Old 17-05-2020, 14:46   #4
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Re: Canada bans NWP to Canadian Cruisers

The restrictions apply to all pleasure craft, not just Canadian flagged ones.

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To better protect Arctic communities, pleasure craft are prohibited from operating in Canada's Arctic coastal waters north of the 60th parallel until October 31, 2020, at the earliest:
- to limit any potential interaction with remote and vulnerable coastal communities in consideration of minimal health care infrastructure in these waterways that notably comprise the Northwest Passage as well as the territorial sea of Canada surrounding Nunatsiavut, Nunavik and the Labrador Coast).
- to allow the Canadian Coast Guard to focus efforts on essential operations including community resupply ice-breaking, environmental response, and search and rescue.
Pleasure craft operating in Canada's non-Arctic coastal waters, as well as the inland lakes and rivers of the territories, should follow guidance of their local authorities. Where boating is allowed, they must continue to maintain safe practices to limit the spread of COVID-19.

In the Canadian Arctic coastal waters, the following measures will not apply to:

Foreign pleasure craft exercising their right of innocent passage within the territorial sea. However, any such transits will be subject to receipt of a 60-day written notice in advance of arrival in Canadian Arctic coastal waters to Transport Canada, and be subject to any conditions the Minister determines necessary to ensure the protection of marine personnel and of local communities (for example, additional insurance, rescue strategy).
Canadian pleasure craft being used:
by local communities;
as essential transportation, such as:
accessing one's dwelling-house or place of employment that is not easily accessible by road, or
accessing essential goods and services;
for subsistence fishing, harvesting and hunting; and
for exercising Treaty Rights.
https://www.tc.gc.ca/en/initiatives/...-covid-19.html
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Old 17-05-2020, 14:46   #5
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Re: Canada bans NWP to Canadian Cruisers

https://www.canada.ca/en/transport-c...mmunities.html
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As of June 1, 2020, pleasure craft will be prohibited from operating within Canada’s Arctic coastal waters (north of the 60th parallel), as well as in the coastal areas of northern Quebec and Labrador.
These measures will remain in place until at least October 31, 2020.
These restrictions do not apply to pleasure craft used by local communities, or used for purposes such as essential transportation or subsistence fishing, harvesting and hunting.
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Old 17-05-2020, 14:54   #6
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Re: Canada bans NWP to Canadian Cruisers

This will make transits by pleasure craft entering Canada from the US impossible.

COVID-19 travel restrictions between Canada and the United States

The Government of Canada is also emphasizing the travel restrictions already in place between Canada and the United States:

There is a temporary restriction on all non-essential travel, including tourism and recreation, at the Canada-United States border, including via international waters.
You may only travel between Canada and the United States on your boat for essential purposes.
You will be denied entry if you are travelling for non-essential purposes, like tourism, recreation, or entertainment.
If you must travel between Canada and the United States on your boat, all normal customs reporting procedures remain in place and you may be subject to additional requirements of the Quarantine Act.

https://www.tc.gc.ca/en/initiatives/...-covid-19.html
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Old 17-05-2020, 14:59   #7
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Re: Canada bans NWP to Canadian Cruisers

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Originally Posted by jackdale View Post
The restrictions apply to all pleasure craft, not just Canadian flagged ones.


https://www.tc.gc.ca/en/initiatives/...-covid-19.html
Canadian vessels are banned.
Foreign vessels can exercise their right to passage with restrictions. I assume this will mean they cannot go ashore however you can be assured they will be allowed passage.
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Old 17-05-2020, 15:07   #8
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Re: Canada bans NWP to Canadian Cruisers

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Canadian vessels are banned.
Foreign vessels can exercise their right to passage with restrictions. I assume this will mean they cannot go ashore however you can be assured they will be allowed passage.
The 60 day written notice may be a game stopper.
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Old 17-05-2020, 15:09   #9
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Re: Canada bans NWP to Canadian Cruisers

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A vessel excircising its right to innocent passage is not entering the country.
... so we get to shell foreign cruisers if they try to make landfall within the NWP?

It's not like the NWP is an unavoidable and essential waterway for cruisers...
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Old 17-05-2020, 15:11   #10
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Re: Canada bans NWP to Canadian Cruisers

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A vessel excircising its right to innocent passage is not entering the country.

This is the same situation as boats transiting through Indonesia without entering the country.

The issue here is banning Canadian boats from passage. Our wonderful dictator knows no boundaries.
I am unaware of any pleasure craft that has made it through the NWP non-stop. That means no re-provisioning, no refueling, etc.. To do so, would require entering the country,
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Old 17-05-2020, 15:14   #11
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Re: Canada bans NWP to Canadian Cruisers

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The 60 day written notice may be a game stopper.
The first time an American flagged pleasure vessel goes to make the transit the Canadian government will rescind the 60 day notice requirement.

I can assume that we will be seeing more US freedom of passage movements through the Canadian Artic in the near future.
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Old 17-05-2020, 15:31   #12
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Re: Canada bans NWP to Canadian Cruisers

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Originally Posted by undercutter View Post
The first time an American flagged pleasure vessel goes to make the transit the Canadian government will rescind the 60 day notice requirement.

I can assume that we will be seeing more US freedom of passage movements through the Canadian Artic in the near future.

If I remember correctly ... Canada doesn't recognise the right of innocent passage within the Arctic Archipelago ...

https://en.wikipedia.org/wiki/1985_P...ea_controversy

So any US yachts trying it, had better have full support from Uncle Sam's best lawyers.
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Old 17-05-2020, 15:40   #13
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Re: Canada bans NWP to Canadian Cruisers

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If I remember correctly ... Canada doesn't recognise the right of innocent passage within the Arctic Archipelago ...

https://en.wikipedia.org/wiki/1985_P...ea_controversy

So any US yachts trying it, had better have full support from Uncle Sam's best lawyers.
You may be correct.

"Canada’s position on the Northwest Passage is that the Passage is part of its internal waters as per Article 8 United Nations Convention on the Law of the Sea 1982 (UNCLOS). Therefore there is no right of innocent passage for foreign ships. Furthermore, the Canadian government has declared that “all of the waters within the Canadian Arctic Archipelago are Canadian historic internal waters over which Canada exercises full sovereignty” which includes the Northwest Passage.

In brief, Canada’s position is that the Northwest Passage is part of their internal waters and no right of innocent passage exists."

"The USA requires a right of transit through the Northwest Passage to ensure the success of its economy and national security. It has adopted the position that the Northwest Passage is a strait and there exists a right of transit passage through it for foreign ships and aircrafts to enjoy. ‘Transit passage’ is a broader right than ‘innocent passage’ as during the former, warships can be at battle stations and submarines can travel in their ‘normal mode’.

The USA’s reservations against Canada’s adopted position stem from a concern that such a position could set an unwanted precedent for enclosing key navigational straits around the world. The USA’s concern is not, however, shared by academics who have pointed out that any such precedent would only be relevant for disputes involving archipelagos. Canada’s position would not necessarily be a threat to every other international strait, as the USA appears to be suggesting.

There is support for the argument that the Northwest Passage does fall within the definition of a strait as used by UNCLOS in the context of transit passage.[1] UNCLOS refers to “transit of the strait between one part of the high seas or Exclusive Economic Zone (EEZ) to another part of the high seas or an EEZ.” It has also been stated that for a body of water to qualify as a ‘strait’, UNCLOS does not require that a minimum threshold of shipping traffic thereon is met.[2] Instead, the test is geographic and is satisfied by the Northwest Passage.

In 1969 with The Manhattan, and subsequently in 1985 with The Polar Sea, the USA sent ships through the passage without asking Canada for prior permission. The USA is relying on these two transits to bolster its stand that the Northwest Passage is an international strait."

https://www.ukpandi.com/knowledge-pu...he-sea-147500/
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Old 17-05-2020, 17:48   #14
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Re: Canada bans NWP to Canadian Cruisers

I've heard an argument that the US is acting against our own interests in pressing the case for transit passage. Presumably other countries, some not as friendly to the US as Canada, could use that precedent to our mutual disadvantage.
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Old 17-05-2020, 17:51   #15
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Re: Canada bans NWP to Canadian Cruisers

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I've heard an argument that the US is acting against our own interests in pressing the case for transit passage. Presumably other countries, some not as friendly to the US as Canada, could use that precedent to our mutual disadvantage.

China has the same stance as the US on the NWP
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