842.801/69
The Minister in Canada (MacNider) to the Secretary of
State
No. 845
Ottawa, June 2, 1932.
[Received June
8.]
Sir: With reference to the Department’s
instruction No. 157 of March 4, 1931, (file No. 842.801/49) and to
subsequent instructions, directing the Legation to make
representations to the Canadian Government regarding the treatment
of American tug boats in Canadian waters as compared with the
treatment of Canadian tug boats in American waters, I have the honor
to transmit herewith copy of a reply which has now finally been
received from the Canadian Government. As the Department will
observe, the Canadian reply is a polite but uncompromising refusal
to depart in any way whatsoever from existing Canadian practice in
this matter.
It should be emphasized that the Legation’s note No. 399 of March 11,
1932, mentioned in the first sentence of the enclosed Canadian note,
was merely a note of reminder and was the fourth formal written
communication on the subject sent since the receipt of the
Department’s instruction No. 157 first mentioned. In addition to
these, there have been numerous oral representations in connection
with this matter.
Respectfully yours,
For the Minister:
B.
Reath Riggs
First Secretary of Legation
[Enclosure]
The Canadian Secretary of State for External
Affairs (Bennett) to the American Minister (MacNider)
No. 86
Ottawa, 31 May, 1932.
Sir: I have the honour to acknowledge
Mr. Riggs’ Note No. 399 of March 11th,
1932, on the subject of the treatment accorded United States tow
boats in Canadian waters.
The Canadian Customs Act, Section 183, prohibits the entry of any
vessel into any place other than a port of entry. By the terms
of the Canadian Coasting law a vessel entitled to engage in the
coasting trade may call at such places, but there is no
provision of Canadian law by which this privilege might be
extended to a vessel of foreign registry, although in
exceptional cases where British registered vessels were not
available, foreign vessels have been permitted to call at places
other than ports of entry, provided that they first had called
at the nearest customs port and a customs officer had been
placed on board to supervise loading and unloading.
[Page 113]
His Majesty’s Government in Canada are of the opinion that the
facilities afforded for the entry of ships in Canada, consisting
of one hundred and forty-four chief ports of entry and two
hundred and sixty sub-ports, are adequate for all reasonable
requirements. It is considered unlikely that there exists on the
Great Lakes any port or harbour to and from which ships might
desire to trade which is not a port of entry and that the few
exceptions on the coast of British Columbia are of minor
importance in relation to the amount of trade and the greatly
indented coastline.
Accept [etc.]
O. D.
Skelton
For Secretary of
State for External Affairs
