The Boundary Waters Treaty and the International Joint Commission

The International Joint Commission (IJC) is an independent bi-national organization established by the Boundary Waters Treaty of 1909. Its purpose is to assist the governments of the United States and Canada in preventing and resolving transboundary disputes, primarily regarding water, air and other environmental issues. The IJC was created by both states that recognized their interests were affected by each other’s actions in lake and river systems along the border and therefore a joint management and governance system was needed. In signing the Boundary Waters Treaty over 100 years ago, the United States and Canada agreed to cooperate and manage these waters wisely, share equal and similar rights to their use, and protect and restore them for the benefit of current and future generations and long-term ecological integrity. It has since conducted well over 100 different multi-year studies and projects, affecting many of the 300 hundred streams, lakes and rivers that either cross and/or form the border between the two countries.

The IJC executive consists of six Commissioners: three appointed by the President of the United States, with the advice and approval of the Senate, and three appointed by the Governor General of Canada, on the advice of the Prime Minister. The IJC has staff in Washington, D.C. and Ottawa, Ontario (funded by the respective governments) as well as a bi-national, jointly-funded Great Lakes Regional Office in Windsor, Ontario. It also consists of more than 20 boards and task forces made up of experts from the United States and Canada that help carry out its responsibilities. Collectively, IJC staff and board members make decisions based on consensus, and strive to act as an independent and impartial “advisor” to the two governments, rather than representing the views of the respective governments.

In pursuing the common good of both states, the IJC’s responsibilities include undertaking investigations to provide advice on issues referred by the two governments, and approving and regulating projects affecting boundary or transboundary waters. In addition, the IJC is involved in protecting water and air quality, monitoring water levels and flows, and bringing emerging issues to the attention of the United States and Canada for early decision-making and action.

Undertaking investigations
Under the Boundary Waters Treaty, the United States and Canadian governments can “refer” specific transboundary questions and/or conflicts to the IJC for investigation, examination and report. When the IJC receives a “reference” as its mandate, it appoints a board, task force or workgroup to assess the issue, examine the facts, gather input, and provide recommendations. Once the IJC issues a report, it may continue to monitor progress and implementation of its advice.

Approving and regulating projects
The IJC approves applications for hydropower dams and other projects in waters along the United States/Canadian border in an effort to protect all interests from the effects of such projects. When the IJC approves a transboundary project, it typically appoints a board to oversee construction and operation. The board may also ensure that the requirements of IJC orders are met.

Protecting water and air quality
Under the Great Lakes Water Quality Agreement (GLWQA) of 1978, the IJC assists the two countries in implementing measures designed to protect, restore and enhance the environmental quality of the Great Lakes. It also reports to the federal, state and provincial governments, and the public, on achievements and short¬falls in meeting GLWQA goals and objectives. The IJC is assisted in this responsibility by advisory boards and the Great Lakes Regional Office. Canada and the United States have also signed a bilateral Air Quality Agreement to deal with shared problems of transboundary air pollution along the entire border.

Monitoring water levels and flows
The IJC monitors and regulates the water levels, flows and outlets in the St. Croix River, Great Lakes and St. Lawrence River, and other water bodies along the border. It also administers the apportionment (distribution) of the waters of the St. Mary and Milk Rivers (Saskatchewan, Alberta and Montana) and other border rivers for the purpose of irrigation and flood control.

Bringing emerging issues
The IJC has a role in alerting governments to emerging issues including water exports, air quality problems, new chemical and biological pollutants, etc. This process relies heavily on representation and advice from the two federal governments, provincial, state and municipal governments, Aboriginal communities and Tribes, as well as other experts, stakeholder representatives, and organizations.

References

IJC (2007) Annual Report www.ijc.org/php/publications/pdf/ID1618.pdf and the IJC (2003) Annual Report. www.ijc.org/php/publications/pdf/ID1555.pdf

IJC (2009). Background - Who We Are. www.ijc.org/en/background/ijc_cmi_nature.htm#What

Clement, Murray (IJC). http://www.sfu.ca/cstudies/science/resources/water/pdf/Water-Ch21.pdf