Canada is planning to apply mandatory new rules to certain vessels passing through arctic waters to the north of the country. According to the press release issued by the Canadian government:
The proposed regulations would require vessels to report information such as identity and intended route before entering, while operating within and when leaving Canada’s northern waters. By identifying and monitoring vessels, the Canadian Coast Guard would be able to provide vessel traffic services to help prevent pollution and better coordinate both pollution response and search and rescue.
The regulations will replace the voluntary system of ship reporting that is currently in operation in the region. It would seem that the proposed Canadian regulations would prohibit ships from sailing through the arctic waters without first reporting to the Canadian authorities. The regulatory impact analysis statement on the proposed regulations explain:
Once a VTS zone is established under the [Canada Shipping Act 2001], vessels of a prescribed class must obtain clearance from an MCTS officer before entering that VTS zone.
As always when it comes to maritime claims over coastal waters, one of the most controversial aspects of the regulations concerns their enforcement. On this issue, the regulatory impact analysis statement says:
In a case of non-compliance, the vessel would be contacted to require that it comply with the Regulations. Where necessary, enforcement action may include follow-up communications with the flag state of a foreign vessel, notification through Port State Control procedures, and possible prosecution in accordance with the CSA 2001 and consistent with international law.
This would seem to suggest that ships will not necessarily be stopped whilst navigating through the area if they fail to comply with the regulations. It is more likely that enforcement action will only be taken if a ship voluntarily enters a Canadian port (see Article 220(1) of the Law of the Sea Convention) or by requesting enforcement action to be taken by the flag state (Article 217(6) and (7) of the Law of the Sea Convention).
Nevertheless, the proposed regulations remain controversial because of the contested status of the waters.