Introduction
Under the 2012 Canada-U.S. Great Lakes Water Quality Agreement, “the Parties to the Agreement” – the U.S. and Canadian Governments – are to conduct a review of the operation and effectiveness of the Agreement every nine years. The scope and nature of the review are to be determined by the Parties:
“Following every third triennial Assessment of Progress Report of the Commission, the Parties shall review the operation and effectiveness of this Agreement. The Parties shall determine the scope and nature of the review taking into account the views of State and Provincial Governments, Tribal Governments, First Nations, Métis, Municipal Governments, watershed management agencies, other local public agencies, downstream jurisdictions, and the Public.” (Article 5, Section 5)
Sources of Input Considered by the Parties
In determining the scope and nature of the review, the Parties have considered feedback received through a variety of mechanisms, including:
- Numerous domestic public meetings and events held throughout the Great Lakes basin over the last several years.
- Formal public meetings under the Agreement, including the Great Lakes Public Forums held in Toronto (2016), Milwaukee (2019), and Niagara Falls, Ontario (2022).
- Input received from the International Joint Commission (IJC) through its Triennial Assessment of Progress (TAP) reports published in November 2017, December 2020, and November 2023, which include views of the IJC as well as public input gathered by the Commission.
To provide an additional opportunity for input, the Parties announced their intent to determine the scope and nature of the review of the 2012 Canada-U.S. Great Lakes Water Quality Agreement on May 30, 2024, and requested input from the non-governmental organizations and the public by July 12, 2024.
Concurrently, the review was discussed with Great Lakes environmental protection and natural resource management agencies that implement programs and contribute to the management of water quality in the Great Lakes basin at the June 25-26, 2024 Great Lakes Executive Committee (GLEC) meeting. (The GLEC membership consists of representatives from “Federal Governments, State and Provincial Governments, Tribal Governments, First Nations, Métis, Municipal Governments, watershed management agencies, and other local public agencies” as defined in Article 5, Section 2a.) Following this meeting, GLEC members were offered an opportunity to provide any additional feedback by July 29, 2024. The Parties will maintain other domestic discussions with key implementation partners.
Determination of the Scope and Nature of the Review by the Parties
After considering feedback received over the last nine years, including the most recent submissions of feedback, the U.S. and Canadian governments have determined that this review will examine improvements in the operation and effectiveness of the Annexes and key Article commitments by examining these through the lens of the triennially-established Binational Priorities for Science and Action (BPSAs).
“Binational Priorities for Science and Action” (BPSAs): The 2012 Canada-U.S. Great Lakes Water Quality Agreement operates in three-year management cycles. At the start of a three-year cycle, the U.S. and Canadian governments with the Great Lakes Executive Committee, and taking into consideration public feedback, formally establish binational priorities for science and action to address current and future threats to the quality of the Water of the Great Lakes. Draft versions of these Priorities are shared at Great Lakes Public Forums and are finalized by the U.S. and Canada within six months of the forum after considering the input received.
Although several organizations in their recent submissions of comments recommended changes or additions to the Agreement, the Parties are approaching the review of the Agreement as an opportunity to improve operations and the delivery of commitments without amending and renegotiating the existing Agreement. The Parties are not obligated to consider amending the Agreement in the context of the review as articulated in Article 5 paragraph 5.
Improving the operation and effectiveness of the existing Agreement is a key objective of the review. The review will be framed around assessing the timeliness and successful completion of past Binational Priorities for Science and Action. This analysis is intended to support future improvements to the work under the Annexes and Articles and inform the development of the next set of Binational Priorities for Science and Action.