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About the proposal
The International Joint Commission has released a proposed new Order of Approval and Plan for regulation of the levels and flows in the Lake Ontario-St. Lawrence River system through the dam at Cornwall-Massena.
See the March 28 news release and the video in which IJC Chairs Gray and Brooks, with regulation expert David Fay, describe the proposals.
Plan 2007 and the proposed new Order is the best option that can be developed at this time, given the requirements of the Boundary Waters Treaty and the goals set by the two federal governments when the Project was developed in the 1950s.
Compared to the current plan, it is an improvement with respect to environmental and overall economic benefits and takes a more balanced approach to all interests.
The Commission has a strong interest in providing additional environmental benefits at the level provided in plans based on more natural flows (B+-based plans). However, the Commission finds it is impossible to do so at this time without unduly reducing the benefits and protections currently accorded to other interests.
Mitigation
It may be possible to further develop Plan B+ to achieve greater environmental benefits while addressing the related negative impacts to other interests. This would require measures (known as "mitigation") to compensate or assist those whose current benefits are at stake. The development and implementation of mitigation is primarily the responsibility of the governments.
Flexibility is built into the proposed new Order to allow for a future shift from Plan 2007 to a plan with additional environmental benefits, such as a B+-based plan, when implemented mitigation may provide for such a transition. Future Commissions thus could adopt a new regulation plan without revising the order. Change could occur whenever sufficient mitigation measures are in place and monitoring confirms they are working satisfactorily. The Commission will first consider whether suitable mitigation is in place within two years.
Adaptive management
The proposed "adaptive management" program-a formal process for continually improving management policy and practices by learning from their outcomes-will be the key vehicle for assessing impacts to interests through monitoring and reporting, including on the implementation of mitigation measures. The governments of Canada and the United States have indicated their strong support for adaptive management and will actively participate in the further development of an adaptive management plan for implementation.
Why now
The Commission is presenting Plan 2007 and the proposed new Order for public review now, rather than staying with the current plan and order and waiting for development of a mitigation plan. This is because the Commission believes that Plan 2007 would be an improvement over the current plan, and it is unclear when suitable mitigation measures could be developed and implemented.
What next
Before making the final decision on a new Order and plan, the Commission will consider the public's views and seek the concurrence of the two federal governments. The Commission's goal is to sign a new Order by December 2008 and implement a new plan shortly thereafter.
The history of the Order and plan
In 1952, the International Joint Commission of Canada and the United States issued an Order of Approval, amended in 1956, for the construction of the hydroelectric power project at Cornwall, Ontario and Massena, New York. Operation of this project determines the outflow from Lake Ontario and affects water levels and flows on Lake Ontario and on the St. Lawrence River to Trois-Rivières, Quebec.
Nearly 50 years later, in response to concerns from shoreline property owners, recreational boaters and environmentalists, and to take into account changes in the conditions and technology, the Commission established an independent, U.S.-Canadian Study Board in 2000 to undertake a five-year review of the 1956 Order. In its recommendations issued in May 2006, the study proposed three options to the Commission: Plans A+, B+ and D+. The Commission was not obliged to choose any of the three plans.
After detailed review of the Study recommendations, in 2007 the Commission developed for consideration a proposed new Order and regulation plan: Plan 2007. The Commission will make a final decision on a proposed new Order and regulation plan after consulting with the U.S. and Canadian Governments, meeting with other authorities, and reviewing the results of public hearings and other comments on the drafts. In addition to the proposed new Order and Plan 2007, the Commission is addressing three related matters:
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