The Hon. Mélanie Joly, P.C., M.P RE: REQUEST THAT COAL MINE POLLUTION ISSUES IN THE KOOTENAY/KOOTENAI RIVER WATERSHED BE REFERRED TO THE INTERNATIONAL JOINT COMMISSION

Such a referral would be consistent with the obligations of Canada and the United States (the “Parties”) under the Boundary Waters Treaty.1 In Article IV of the Treaty, the two countries agreed that “boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.”2 In light of the current grave impact of upstream Kootena. [...] In the 1972 Great Lakes Agreement, the Parties instructed the Commission to collect, analyse, and disseminate data and information (from the Parties, and State and Provincial governments) on water quality and the effectiveness of measures taken under the agreement.47 The Commission was also tasked with investigating any matters referred to it,48 and providing advice and recommendations on water qu. [...] Instruction to the Commission One way in which the Parties could set shared Objectives is by simply approving the recommended Objectives, instructing the Commission to support the Parties in achieving them, and authorising the Commission to create a board to oversee transboundary water issues in the Kootenay Watershed. [...] Bilateral Agreement Another option is for the Parties to conclude a bilateral water quality agreement that prescribes the Objectives recommended by the Commission, sets out means of continuously reviewing and adapting the Objectives, and empowers the Commission to support the Parties’ efforts to meet the Objectives. [...] Similarly, the International Rainy-Lake of the Woods Watershed Board’s duties include “exploring and encouraging the development of local and regional capacity to prevent and solve problems locally,” reporting on exceedances of water quality objectives and the actions of those responsible for the pollution, reporting on the actions being taken by regulatory agencies to meet the water quality objec.