The minister of trade and commerce in his report which is embodied in the
minute, points out that the privileges conferred by the Canadian act of
1893 are expressly exempted from the restrictions of the coasting laws
of Canada, certain provisions of which are quoted in your note above
referred to, and he expresses the opinion that pending a consideration
of the broader question of a general reciprocity in coasting and towing,
it is not necessary to modify existing regulations in accordance with
your suggestion.
I am requested by His Excellency the Administrator to convey to your
Government an assurance of the willingness of the Canadian Government to
enter into negotiations with, or to receive proposals from, the
Government of the United States with a view to coming to an
understanding on the general question.
[Inclosure 1.]
Certified copy of a Report of a Committee of the
Honorable the Privy Council, approved by His Excellency the
Governor-General in Council, on the 15th of August,
1893.
The Committee of the Privy Council have had under consideration a
dispatch, hereto attached, dated 27th March, 1893, from Sir Julian
Pauncefote, inclosing copy of a note from the honorable the
Secretary of State for the United States on the subject of
“reciprocal wrecking privileges.”
The minister of trade and commerce, to whom the matter was referred,
states that the question of “reciprocal wrecking privileges,” which
has for a considerable length of time engaged the attention of the
Governments of the Dominion and of the United States, having been
disposed of in a manner it is to be hoped satisfactory to and in the
interest of both countries, Canada having on her part passed the
necessary legislative enactment and issued the requisite
proclamation putting the law in force from the 1st of June, 1893,
and the United States statutes having been so amended that with the
departmental regulations which that country has given assurance will
be issued to the effect that nothing in the customs or coasting laws
of that country shall restrict the salving operations of Canadian
vessels in the waters contiguous thereto, such regulations being in
accord with the Canadian laws, there remains in his (the minister’s)
opinion no further action on the part of Canada necessary in order
to give effect to the agreement.
The minister observes that sections 5 and 6 of Chapter 21 of the
Consolidated Orders in Council, to which attention is drawn by the
honorable the Secretary of State for the United States, read as
follows:
“Foreign vessels may tow other vessels or things from a foreign port
to a Canadian port; but if they drop or part from any such vessel or
thing in Canada waters they shall not again take such vessel or
thing in tow for the purpose of moving the same further in Canadian
waters.”
“Foreign vessels may tow other vessels or things from a Canadian port
to a foreign port, but having parted from such vessel or things, or
any of them, in Canadian waters, they can not again take such
vessels or things in tow to move them further in Canadian waters;
but this and the preceding rule are not to apply to an accidental
parting of such vessel by breaking hawser or other temporary
damages.”
[Page 348]
The minister states that these sections have more especial reference,
it will be observed, to the privileges accorded to foreign vessels
trading on the coast and entering the harbors of Canada from sea or
inland waters, and are based upon the provisions of law respecting
the coasting trade of Canada, Chapter 83, Revised Statutes, a
subject not dealt with in the agreement entered into except in so
far as it is provided that nothing in the customs or coasting laws
of either country shall restrict the salving operations of vessels
or wrecking appliances engaged in salving wrecked property or when
rendering assistance to vessels wrecked or in distress in the waters
contiguous to Canada and the United States.
The minister suggests that sections 5 and 6 hereinbefore referred to
do not in his opinion, in any way, conflict with the provisions of
the Act 55–56 Yict. Chapter 4, intituled “An act respecting aid by
United States wreckers in Canadian waters,” the third clause of
which provides, as above stated, that nothing in the customs or
coasting laws of Canada shall restrict the salving operations of
such vessels or wrecking appliances, and the second clause declares
that “aid and assistance includes all necessary towing incident
thereto.”
The minister further states that at the conference between the
representatives of the two governments at which the agreement
respecting “reciprocal wrecking privileges” was arrived at, as well
as in the course of previous negotiations, the broader subject of
reciprocal coasting and towing was brought to the attention of the
United States Government, and the advisability of a better
understanding between the two countries was pointed out by the
Canadian representatives, the United States representatives being
given to understand that Canada was prepared to grant the privilege
of coasting in Canadian waters whenever a similar privilege might be
granted by the United States as respects Canadian vessels in United
States waters, which proposition the United States representatives
at the time declined to entertain except in so far as it related to
vessels wrecked or in distress in waters conterminous to the United
States and Canada.
The minister, in view of the foregoing, is of the opinion that it is
not necessary to modify existing Canadian regulations in the manner
suggested by the honorable the United States Secretary of State,
unless assurance of reciprocal modifications of the coasting laws
and regulations of the United States may be given.
The minister at the same time recommends that the United States
Government be assured that Canada is willing to renew negotiations
with or receive proposals from the United States Government with a
view to such a desirable understanding.
The committee concur in the recommendations made by the minister of
trade and commerce, and advise that your excellency be moved to
forward a certified copy of this minute to Her Majesty’s ambassador
at Washington for transmission to the United States Government.
All of which is respectfully submitted for your excellency’s
approval.
John J. McGee,
Clerk of the Privy
Council.
