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History of the Lake Ontario-St. Lawrence River Order of Approval

The Boundary Waters Treaty of 1909

• The Boundary Waters Treaty of 1909 requires the federal governments of the United States and Canada to submit an application for approval of new projects that affect the natural water level or flow of boundary waters to the Commission, unless they negotiate a special agreement.
• The Commission ensures that the construction and operation of the project are consistent with the terms of the Treaty when it rules on applications.

The Application

• The two governments applied to the Commission in June 1952 to develop the St. Lawrence Hydropower Project.
• The Commission reviewed the application, held public hearings, and issued an Order of Approval for construction of the project in October 1952.

The Reference

• The two governments asked the Commission in June 1952 whether certain water level objectives could be achieved.
• The Commission concluded that the objectives could be achieved and recommended a four-foot target range for Lake Ontario, 11 criteria, and a regulation plan.
• The governments approved the provisions recommended by the Commission, and the Commission held additional public hearings.

1956 Order

• The Commission amended its Order of Approval for the St. Lawrence Hydropower Project in July 1956 to incorporate a four-foot target range for Lake Ontario, 11 criteria, and regulation plan.
• The criteria addressed minimum Montreal Harbour levels, winter outflows to permit power generation, outflows during the annual spring break-up in Montreal Harbour and during the annual flood discharge from the Ottawa River, minimum regulated outflows for the maximum dependable flow for power, and upper and lower target levels for property owners on the shores of Lake Ontario.
• Several criteria, including the upper target level, depend on the water supplies to Lake Ontario being within those experienced during the 1860-1954 period of record.

Review of 1956 Order

• The Commission launched formal review of the Order of Approval in December 2000 with the Lake Ontario-St. Lawrence River Study.
• Following the study, the Commission consulted with the two federal governments because the governments played an integral role in the application and in the development of the regulation criteria.
• The Commission released a proposed new Order of Approval in March 2008 for public comment. It will hold public hearings and will carefully consider all comments before making a decision.
• The Commission will seek the concurrence of the two governments before making a decision.

This is a summary of a background paper. The full text is available at http://www.ijc.org/LOSLdocuments/pdf/
LOSL_background_history_e.pdf or by contacting the Commission.

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