Amendment to the Agreement Relating to the Establishment of a CanadaUnited States Committee on Water Quality in the St. John River and Its Tributary Rivers and Streams Which Cross the Canada-United States Boundary, Ottawa, 1984 Done at Ottawa 22 February 1984 Primary source citation: TIAS 10947 Deputy Prime Minister February 22, 1984 No. 0123 His Excellency The Honourable Paul Heron Robinson Jr. Ambassador of the United States of America 100 Wellington Street Ottawa, Ontario K1P 5T1 Excellency: I have the honour to refer to the discussions on the Saint John River which have taken place between representatives of our Governments, and to propose that our Governments undertake additional measures to ensure the continued preservation and enhancement of the quality of water in the international section of the Saint John River. On September 21, 1972, our two Governments established by Exchange of Notes the Canada-United States Committee on Water Quality in the Saint John River. The Committee was to cooperate in water quality planning in order to devise programs to enhance the quality of water in the Saint John River, consistent with the provisions and objectives of the Boundary Waters Treaty of 1909. Simultaneously with the Committee's creation, the International Joint Commission was given a Reference by Governments to recommend action by the Governments in regard to those matters examined by the Committee and to advise on further institutional arrangements. A Report of the Committee was presented to the International Joint Commission in September, 1975, and the International Joint Commission's final Report to Governments was completed in February, 1977. Subsequent to that date, Committee operations have continued. It has focused on a further review and revision of the water quality objectives recommended in its 1975 Report, and revised objectives were adopted in November, 1980, by the Committee. In light of the mutual commitment of our Governments to the preservation and enhancement of water quality in the Saint John River, and in order to further control and reduce water pollution in the international section of the Saint John River, I have the honour to propose that the Governments of Canada and the United States utilize the water quality objectives approved by the Committee in 1980 and continue to consider those objectives as useful indicators in the development and implementation of specific programs and measures in both countries. Recognizing the valuable work done since 1972 by the Committee, and the interim nature of the Committee's original mandate, I have the further honour to propose that our Governments continue in operation the CanadaUnited States Committee on Water Quality in the Saint John River to assist the appropriate authorities in Canada and the United States to cooperate in the development, coordination and implementation of programs and measures to meet these objectives. The functions of the Committee would accordingly be amended as set forth in the attached Annex which replaces the Annex to the Canadian Note of September 21, 1972. If the foregoing proposals are acceptable to the Government of the United States of America, I have the honour to propose that this Note, together with its Annex, which are equally authentic in English and French, and your reply, shall constitute an agreement between our Governments which shall enter into force on the date of your reply and remain in force unless terminated by either Government upon six (6) months' written notice to the other Government. This agreement may be amended by mutual agreement of the two Governments. Accept, Excellency, the renewed assurances of my highest consideration. Yours sincerely, Allan J. MacEachen 1. ANNEX TERMS OF REFERENCE FOR THE CANADA-UNITED STATES The Canada-United States Committee on Water Quality in the Saint John River shall assist the appropriate authorities in Canada and the United States to cooperate in the development, coordination and implementation of programs and measures to meet water quality objectives for the international section of the Saint John River. Accordingly, the Committee shall have the following responsibilities: a. b. C. d. e. Periodically review activities relating to water quality on both sides of the boundary in the Saint John Assist in coordination and consultation among appropriate authorities on matters and actions including monitoring programs concerning water quality; Report to Governments recommended further refinements to the water quality objectives, as necessary; Provide a report to Governments every two years, or to the extent necessary, on the state of water quality in the international section of the Saint John River, and on progress being made to maintain and enhance water quality in accordance with the objectives and, as appropriate, identifying any further measures required; and, 2. 3. Discussions within the Committee will supplement and not replace existing formal and informal discussions or other contacts among federal, state, provincial and local authorities. Composition and organization of the Committee: a. The Committee shall consist of an equal number of members from each country, and will include appropriate officials from the Governments of Canada and the United States; the Governments of New Brunswick, Quebec and Maine; and representatives of regional organizations, as appropriate; b. C. d. The members will represent their respective authorities (who will pay such expenses as may be incurred in this respect) and provide the special skills, experience and information required to carry out the above terms of reference; The Committee should have the smallest number of members to perform its functions effectively but may, as required, appoint sub-committees or task forces to undertake specific tasks. Advisors and observers to the Committee may be paid by Governments or serve without salary or expense allowance; and, The United States and Canadian sections of the Committee shall each designate a Chairman of its section. The Chairmen of the two sections shall be Co-chairmen of the Committee and shall be responsible for providing proper liaison between the Committee and their respective authorities. The Chairmen will keep their respective section members informed of plans, activities and progress. Each Chairman, after consulting the members of his own section of the Committee, may appoint a Secretary of that section. Ottawa, Ontario February 22, 1984 The Honorable Allan J. MacEachen Deputy Prime Minister and Secretary of State for External Affairs 125 Sussex Drive Ottawa, Ontario Sir: I have the honor to refer to your Note of this date, with attached Annex, regarding the United States-Canada Committee on Water Quality in the Saint John River, which was established by an Exchange of Notes between our two Governments on September 21, 1972. You have proposed that our Governments now utilize the water quality objectives approved by the Committee in 1980. In addition, you have proposed continued operation of the Committee under a revised mandate, as set forth in the Annex to your Note. These proposals have been approved by the United States Government. Accordingly, I have the honor to confirm that your Note, together with its Annex, and this reply, shall constitute an agreement between our Governments which shall enter into force on the date of this reply. Accept, Sir, the renewed assurances of my highest consideration. Yours sincerely, Paul Heron Robinson, Jr., Agreement Between the Government of the United States of America and the Government of Canada Relating to the Establishment of Joint Pollution Contingency Plans for Spills of Oil and Other Noxious Substances, Ottawa, 1974 Done at Ottawa 19 June 1974* Entered into force 19 June 1974 Primary source citation: 25 UST 1280, TIAS 7861 DEPARTMENT OF EXTERNAL AFFAIRS OTTAWA, CANADA June 19, 1974 His Excellency The Honourable WILLIAM J. PORTER, Ambassador of the United States of America, Ottawa. No. FLA-362 EXCELLENCY, I have the honour to refer to the discussions between representatives of our Governments in Washington, D.C. and in Ottawa concerning the establishment of joint pollution contingency plans for waters of mutual interest, leading to the development of a joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances. I have the honour to propose that the joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances, shall be promulgated by the Canadian Ministry of Transport and the United States Coast Guard and shall be maintained in force, as amended from time to time, to coordinate responses to significant pollution threats to the waters covered by the provisions of the Plan. It would be the responsibility of the Canadian Ministry of Transport and the United States Coast Guard to administer and maintain the Plan as promulgated, or as amended from time to time. • The Joint Pollution Contingency Plan and its annexes are not printed herein. They are deposited in the archives of the U.S. Department of State where they are available for reference. Maintenance of the Plan and actions thereunder would be without prejudice to the positions of the Governments of the United States and of Canada, with respect to coastal state jurisdiction over pollution, and without prejudice to any other positions of the two Governments regarding the extent of territorial or maritime jurisdiction. If the foregoing proposals are acceptable to the Government of the United States, I have the honour to propose that this Note, which is equally authentic in English and French, and Your Excellency's reply shall constitute an Agreement between Canada and the United States which shall enter into force on the date of your reply. Accept, Excellency, the renewed assurances of my highest consideration. I have the honor to acknowledge receipt of your note No. FLA-362 of June 19, 1974 which reads as follows: "EXCELLENCY, I have the honour to refer to the discussions between representatives of our Governments in Washington, D.C. and in Ottawa concerning the establishment of joint pollution contingency plans for waters of mutual interest, leading to the development of a joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances. I have the honour to propose that the joint Canada-United States Marine Contingency Plan for spills of oil and other noxious substances, shall be promulgated by the Canadian Ministry of Transport and the United States Coast Guard and shall be maintained in force, as amended from time to time, to coordinate responses to significant pollution threats to the waters covered by the provisions of the Plan. It would be the responsibility of the Canadian Ministry of Transport and the United States Coast Guard to administer and maintain the Plan as promulgated, or as amended from time to time. Maintenance of the Plan and actions thereunder would be without prejudice to the positions of the Government of the United States and of Canada, with respect to coastal state jurisdiction over pollution, and without prejudice to any other positions of the two Governments regarding the extent of territorial or maritime jurisdiction. If the foregoing proposals are acceptable to the Government of the United States, I have the honour to propose that this Note, which is equally authentic in English and French, and Your Excellency's reply shall constitute an Agreement between Canada and the United States which shall enter into force on the date of your reply. Accept, Excellency, the renewed assurances of my highest consideration." I have the honor to inform you that the foregoing proposals are acceptable to the Government of the United States of America and to confirm that your Note, which is equally authentic in English and French, and this reply shall constitute an Agreement between our two Governments which shall enter into force on the date of this reply. Accept, Sir, the renewed assurances of my highest consideration. WILLIAM J. PORTER |