Home Our Shared Environment An Act to Amend the International Boundary Waters Treaty Act Letter from the Minister of Foreign Affairs

Letter from the Minister of Foreign Affairs

February 5, 2001

Dear Sir/Madam,

I was pleased today to reintroduce in the House of Commons an Act to Amend the International Boundary Waters Treaty Act (IBWTA). The main element of the proposed amendments is to prohibit bulk removal of boundary waters out of their water basins, with principal effect on 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 projects, including for the purposes of export, or diversions schemes.

The IBWTA is Canada’s implementing legislation for the 1909 Canada-U.S. Boundary Waters Treaty. Through the Treaty, Canada and the U.S. are mutually obliged to protect natural levels and flows of waters shared by the two countries.

Separate from the prohibition, the amendments will introduce a licencing system, formalizing a 90 year old process under which the Government of Canada and the International Joint Commission (IJC) have examined and approved certain projects, such as dams and obstructions, under the provisions of the Treaty.

Canadians have long expressed concerns about the environmental impact of bulk removals of water from Canadian water basins. I and the Honourable David Anderson, Minister of the Environment, are pleased to announce this initiative today, which reaffirms Canada’s commitment to act within its jurisdiction to prohibit bulk water removal. This action is also an important part of Canada’s February 1999 three-part strategy to prohibit bulk water removal out of all major Canadian water basins, and thereby ensure the long-term security of Canada’s freshwater resources. We have made good progress over the past two years.

The second part of the strategy included a joint Canada-U.S. reference to the IJC on consumptive uses, obstructions and diversions of Great Lakes water. The IJC’s final report (Protection of the Waters of the Great Lakes, February 2000) concluded that the Great Lakes require protection, especially in the light of the uncertainties, pressures and cumulative impacts from removals, consumption, population and economic growth, and climate change. Recommendations for action to protect the ecological integrity of the Great Lakes Basin are directed by the IJC to all levels of government in Canada and the U.S. The IBWTA amendments are consistent with and supportive of the IJC’s conclusions and recommendations.

As you know, water management in Canada is a shared responsibility. Therefore, as the third part of the strategy, the Minister of the Environment sought endorsement by provinces and territories of a Canada-wide Accord prohibiting bulk water removals out of all of Canada’s major watersheds. As a result of this initiative, all provinces have put into place or are developing legislation or regulations which accomplish this goal.

I have attached a copy of the news release, backgrounder, legislative overview, questions and answers, and a paper on trade considerations. Should you have any questions, please do not hesitate to contact me.

John Manley