NEWS RELEASES
AMENDMENTS TO INTERNATIONAL BOUNDARY WATERS TREATY ACT TO PROTECT GREAT LAKES FROM BULK WATER REMOVALS
November 22, 1999 (4:15 p.m. EST) No. 250
AMENDMENTS TO INTERNATIONAL BOUNDARY WATERS TREATY ACT TO PROTECT
GREAT LAKES FROM BULK WATER REMOVALS
Foreign Affairs Minister Lloyd Axworthy introduced amendments to the International Boundary Waters Treaty
Act today to prohibit bulk removal of water from Canadian boundary waters, including the Great Lakes.
The announcement was made as part of a larger strategy to prohibit bulk water removals, including water for
export, from all Canadian water basins.
"We're taking decisive action within our jurisdiction to protect critical boundary waters, for future generations.
These amendments will give us the authority to prevent the damage that bulk water removals can cause our
environment," said Minister Axworthy.
Environment Minister Anderson said, "These amendments represent an important step towards the protection
of Canada's freshwater resources. We know that single and cumulative bulk removals of fresh water can have
serious impacts on the environmental, social and economic health of communities and ecosystems that depend
on these watersheds. I will be seeking agreement on a Canada-wide accord for the prohibition of bulk water
removal from all of Canada's major watersheds when I meet with my provincial and territorial colleagues later
this month. This is an environmental issue to be decided by Canadians. We will stop bulk removals at the
source, not at the border."
The prohibition on removals will apply principally to the Great Lakes and other boundary waters, such as part of
the St. Lawrence River in Ontario, the St. Croix and Upper St. John rivers, and Lake of the Woods. Apart from
the prohibition, the amendments introduced today will also set in place a licencing regime for boundary waters
projects such as dams, obstructions or other works that can affect water levels and flows.
The amendments are part of a three-pronged strategy announced in February 1999 to prohibit bulk water
removals from Canadian water basins. The International Joint Commission (IJC) was asked to examine water
uses in the Great Lakes, including bulk water removal. The IJC interim report, released in August, supported an
environmental approach, urged a cautious approach to bulk water removal, and also recommended an
immediate moratorium on bulk water removal from the Great Lakes. Additionally, a Canada-wide accord
prohibiting bulk removal of water is being developed with the provinces and territories to ensure protection of
Canadian waters.
The International Boundary Waters Treaty Act was passed in 1911, implementing the Canada-U.S. Boundary
Waters Treaty signed in 1909. Canada's border is the longest in the world, with over 300 lakes and rivers that
either form, cross or straddle it.
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A backgrounder on the amendments is attached.
For further information, media representatives may contact:
Debora Brown
Office of the Minister of Foreign Affairs
(613) 995-1851
John Fraser
Office of the Minister of the Environment
(819) 997-1441
Media Relations Office
Department of Foreign Affairs and International Trade
(613) 995-1874
This document is also available on the following Web sites:
http://www.dfait-maeci.gc.ca
http://www.ec.gc.ca/press/
Backgrounder
AMENDMENTS TO THE INTERNATIONAL BOUNDARY WATERS TREATY ACT (IBWTA)
Canadians are looking to all levels of government to take action to assure the long-term security and integrity of
Canada's freshwater resources. As we pass into the 21st century, federal, provincial and territorial governments
need to co-operate to ensure a coherent and effective policy that preserves freshwater resources. Today the
federal government is taking action in its area of jurisdiction.
What Do the Amendments Do?
The principal effect of the proposed amendments to the International Boundary Waters Treaty Act is to prohibit
bulk water removal from boundary waters between Canada and the U.S., especially the Great Lakes. The
Great Lakes and other boundary waters will now have protection from bulk removals under federal law. This is
significant because the Great Lakes are of sufficient size to attract developers of bulk removal, including for the
purposes of export, or diversions schemes. The federal government is taking action within its jurisdiction to
ensure that the freshwater resources of Canadians are protected from exploitation and environmental damage
caused by bulk removal of water.
Under the 1909 Canada-U.S. Boundary Waters Treaty and the International Boundary Waters Treaty Act, the
federal government has jurisdiction over boundary waters, such as the Great Lakes, in order to fulfill Canada's
obligation under the Treaty not to affect unilaterally the level and flow of waters on the U.S. side of the
boundary. The amendments would give the Minister of Foreign Affairs the authority to:
• impose a prohibition on removals of boundary waters out of their water basins. Exceptions will be considered,
such as ballast water, short-term humanitarian purposes and water used in the production of food or beverages
(e.g. bottled water);
• introduce a licencing system, separate from the prohibition, formalizing a 90-year-old process under which
the federal government and the International Joint Commission (IJC) have examined and approved certain
projects, such as dams and obstructions, under the provisions of the Treaty. The licencing system would not
cover ordinary municipal, industrial or agricultural uses.
What About Protecting All of Canada's Water Resources?
On February 10, 1999, the federal government announced a three-part strategy to prohibit the bulk removal of
water from all Canadian water basins. Over the past eight months there has been significant progress:
• The federal government promised to take action within its jurisdiction by introducing the amendments to the
IBWTA. This was done today.
• A proposal was made to develop, in co-operation with the provinces and territories, a Canada-wide accord to
prohibit bulk water removals. This would apply to all waters. Each level of government would take appropriate
action within its jurisdiction. Some provinces have already taken, or are in the process of taking, similar
measures. The Minister of the Environment will be seeking endorsement of the accord by all provinces and
territories at the end of November.
• Canada and the U.S. agreed to a joint reference to the IJC on consumptive uses, diversions and removals of
Great Lakes waters, including for the purposes of export. An interim report on the Great Lakes, released in
August 1999, was generally supportive of an environmental approach, urged a cautious approach to bulk water
removal or export projects, and called for an immediate six-month moratorium pending the final report in
February 2000. The amendments to the Act and the federal strategy are consistent with these
recommendations.
Prohibition of Bulk Water Removal from Water Basins Versus an Export Ban: Which is the Better
Approach?
There is a consensus among Canadians that freshwater resources need protection from bulk removals. What is
the best way of achieving this goal?
Prohibiting bulk water removal from water basins is better than an export ban because it is more
comprehensive, environmentally sound, respects constitutional responsibilities and is consistent with Canada's
international trade obligations.
• Water is protected in its water basin, before the issue of exporting arises. This is an environmental protection
measure of general application, aimed at preserving the integrity of ecosystems.
• Under the Canada-wide accord, each level of government has a responsibility and each level must take
action. Sovereign control over water as a natural resource rests with Canadian, not foreign, governments.
• Water is regulated in its natural state, before it has become a commercial good or a saleable commodity. This
is consistent with Canada's international trade obligations.
An export ban may appear to be a quick and simple solution. However, it does not focus on the environmental
dimension, has possible constitutional limitations, and may be vulnerable to a trade challenge. An export ban
would focus on water once it has become a good and therefore subject to international trade agreements.
Because these agreements limit the ability of governments to control the export of goods, a ban on exports is
likely to be contrary to Canada's international trade obligations. This contrasts sharply with the federal
government's approach.
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