Backgrounder

April 3, 2007

THE GREAT LAKES-ST. LAWRENCE RIVER BASIN SUSTAINABLE WATER RESOURCES AGREEMENT

The waters of the Great Lakes Basin are a precious natural resource.  Together, the lakes, rivers, streams, wetlands and underground waters of the basin make up a single, interconnected system.

The Great Lakes-St. Lawrence River Basin is the watershed of the Great Lakes and of the St. Lawrence River upstream from Trois-Rivières, Quebec.  The basin includes the areas around each body of water in which water drains toward the Great Lakes or the St. Lawrence River.  The Great Lakes contain 20 per cent of the world’s fresh surface water and 95 per cent of North America’s fresh surface water supply.
Protecting and managing the shared waters of the Great Lakes Basin involves all levels of government as well as agencies such as the International Joint Commission that are run jointly by Canada and the United States (U.S.).

Protecting a Shared Natural Resource

• Ontario shares the Great Lakes-St. Lawrence River Basin with Quebec and eight U.S. states – Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin.
• Since 1985, the premiers and governors of the 10 provinces and states have followed a set of principles set out in an agreement, the Great Lakes Charter, intended to protect and conserve the waters of the basin.  They have shared information on water use and consulted each other on proposals for major water uses.
• Renewed concerns about proposals to export water in bulk led the provinces and states to sign a supplementary agreement known as the Great Lakes Charter Annex in 2001.  It committed the 10 parties to develop agreements that would provide better protections for Great Lakes-St. Lawrence River Basin waters.
• The two provinces and eight states negotiated a good-faith agreement – the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement – and a binding compact among the eight states.
• The agreement was signed by all parties on December 13, 2005.
• Through the agreement the provinces and states agreed to create the Great Lakes-St. Lawrence River Basin Water Resources Regional Body to oversee implementation of the agreement. The Regional Body consists of the Great Lakes governors and premiers or their designees. Premier Dalton McGuinty is the chair of the regional body for 2007.

Great Lakes Agreement Bans Diversions and Strengthens Conservation Measures

• The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement provides strong protections for Great Lakes-St. Lawrence River Basin waters.  It is founded on the principles of precaution, ecosystem protection, and recognition of cumulative impacts and climate change uncertainties.
  

• The provinces and states have agreed to:
• Ban diversions of water out of the Great Lakes-St. Lawrence River Basin and prohibit new or increased transfers of water from one Great Lake watershed to another unless strictly regulated criteria are met
• Strengthen water conservation through programs in each state and province
• Establish a stronger new basin-wide environmental standard for regulating water uses across all states and provinces
• Build the information and science needed to support sound decision-making
• Formally recognize the authority of the federal governments and the International Joint Commission under the Boundary Waters Treaty, which remains unchanged
• Provide a stronger voice for Ontario, its citizens and First Nations in the regional review of water use proposals by other jurisdictions for exceptions to the prohibition against diversions
• Build regional collaboration, for example in the review of water management and conservation programs.

 

Consultation

• The working group negotiating the agreements sought the advice and input of key stakeholder groups through a regional Advisory Committee.  United States and Canadian federal governments and agencies, such as the International Joint Commission and the Great Lakes Commission, were consulted and kept informed.

 

• Ontario established its own advisory panel made up of stakeholder groups and experts.  The province also sought to engage First Nations communities in the basin and participated in basin-wide meetings of First Nations and Tribes to discuss the agreement. 

• The input of Ontario’s advisory panel, First Nations and Ontario citizens helped Ontario seek stronger protection and conservation of Great Lakes Basin waters through the negotiations.  Their input continues to play an important role as Ontario implements the agreement.

 

• Throughout, the process has been assisted by the Council of Great Lakes Governors, a partnership of the eight Great Lakes governors set up to tackle common environmental and economic challenges.  The premiers of Ontario and Quebec are associate members of the Council’s board of directors.

Ontario Already Protected Great Lakes-St. Lawrence River Basin Waters

• Before signing the Great Lakes agreement, the Ontario government was already a leader in water protection, having passed strict rules banning water diversions out of the province’s three major water basins – the Great Lakes-St. Lawrence River Basin, the Hudson Bay Basin and the Nelson River Basin.  The province also regulated water withdrawals, and brought in stronger measures to protect natural ecosystems.
• As a result, Ontario’s laws already met or exceeded many of the requirements of the Great Lakes agreement.  In negotiating the agreement, Ontario sought similar protection by all Great Lakes jurisdictions.

 

Next Steps

• The agreement requires each province and Great Lakes state to incorporate the terms of the agreement into its own laws.  To do this, Ontario and Quebec must amend their laws, and each state must adopt the compact committing them to the same terms as the agreement.  The United States Congress must also endorse the compact for it to take effect. So far Ontario has proposed legislation to amend its laws to implement the agreement.  Minnesota has approved the compact, and draft legislation is under consideration in Illinois, Indiana and Michigan.  The Quebec National Assembly endorsed the agreement; legislative amendments are still required to bring the agreement into law.
• Ontario’s proposed Safeguarding and Sustaining Ontario’s Water Act, 2007, is the first of several steps required to put in place new policies and regulations to fulfill the terms of the Great Lakes agreement. Ontario will consult fully before passing any supporting regulations or policies.

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For further information visit the Ministry of the Environment’s web site at www.ene.gov.on.ca or contact: Public Information Centre Ministry of the Environment 135 St. Clair Avenue West Toronto, ON M4V 1P5 Tel: (416) 325-4000 or 1-800-565-4923

 

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