|
Treaties and agreements
Rules of Procedure of the International Joint Commission
The International Joint Commission, by virtue of the provisions of Article XII
of the Treaty between the United States of America and His Majesty the King, hereby revokes the Rules of Procedure which it adopted on the 2nd day of February, 1912, as subsequently amended, and, in their place and stead, adopts the following Rules of Procedure:
Part I – General
Definitions
1. (1) In the construction of these rules, unless the context otherwise
requires, words importing the singular number shall include the plural and
words importing the plural number shall include the singular, and:
(2) "applicant" means the Government or person on whose behalf an application
is presented to the Commission in accordance with Rule 12;
(3) "Government" means the Government of Canada or the Government of the United
States of America;
(4) "person" includes Province, State, department or agency of a Province or
State, municipality, individual, partnership, corporation and association, but
does not include the Government of Canada or the Government of the United
States of America;
(5) "oath" includes affirmation;
(6) "reference" means the document by which a question or matter of difference
is referred to the Commission pursuant to Article IX of the Treaty;
(7) "the Treaty" means the Treaty between the United States of America and His
Majesty the King, dated the 11th day of January, 1909;
(8) "Canadian section" consists of the commissioners appointed by Her Majesty
on the recommendation of the Governor in Council of Canada;
(9) "United States section" consists of the commissioners appointed by the
President of the United States.
CHAIRMEN
2. (1) The commissioners of the United States section of the Commission shall
appoint one of their number as chairman, to be known as the Chairman of the
United States Section of the International Joint Commission, and he shall act
as chairman at all meetings of the Commission held in the United States and in
respect to all matters required to be done in the United States by the chairman
of the Commission.
(2) The commissioners of the Canadian section of the Commission shall appoint
one of their number as chairman, to be known as the Chairman of the Canadian
Section of the International Joint Commission, and he shall act as chairman at
all meetings of the Commission held in Canada and in respect to all matters
required to be done in Canada by the chairman of the Commission.
(3) In case it shall be impracticable for the chairman of either section to act
in any matter, the commissioner of such section who is senior in order of
appointment shall act in his stead.
PERMANENT OFFICES
3. The permanent offices of the Commission shall be at Washington, in the
District of Columbia, and at Ottawa, in the Province of Ontario, and, subject
to the directions of the respective chairmen acting for their respective
sections, the secretaries of the United States and Canadian sections of the
Commission shall have full charge and control of said offices, respectively.
DUTIES OF SECRETARIES
4. (1) The secretaries shall act as joint secretaries at all meetings and
hearings of the Commission. The secretary of the section of the Commission of
the country in which a meeting or hearing is held shall prepare a record
thereof and each secretary shall preserve an authentic copy of the same in the
permanent offices of the Commission.
(2) Each secretary shall receive and file all applications, references and
other papers properly presented to the Commission in any proceeding instituted
before it and shall number in numerical order all such applications and
references; the number given to an application or reference shall be the
primary file number for all papers relating to such application or reference.
(3) Each secretary shall forward to the other for filing in the office of the
other copies of all official letters, documents records or other papers
received by him or filed in his office, pertaining to any proceeding before the
Commission, to the end that there shall be on file in each office either the
original or a copy of all official letters and other papers, relating to the
said proceeding.
(4) Each secretary shall also forward to the other for filing in the office of
the other copies of any letters, documents or other papers received by him or
filed in his office which are deemed by him to be of interest to the
Commission.
MEETINGS
5. (1) Subject at all times to special call or direction by the two
Governments, meetings of the Commission shall be held at such times and places
in the United States and Canada as the Commission or the Chairmen may determine
and in any event shall normally be held each year in the United States in April
and in Canada in October, beginning ordinarily on the first Tuesday of the said
months.
(2) If the Commission determines that a meeting shall be open to the public, it
shall give such advance notices to this effect as it considers appropriate in
the circumstances.
SERVICE OF DOCUMENTS
6. (1) Where the secretary is required by these rules to give notice to any
person, this shall be done by delivering or mailing such notice to the person
at the address for service that the said person has furnished to the
Commission, or if no such address has been furnished, at the dwelling house or
usual place of abode or usual place of business of such person.
(2) Where the secretary is required by these rules to give notice to a
Government, this shall be done by delivering or mailing such notice to the
Secretary of State for External Affairs of Canada or to the Secretary of State
of the United States of America, as the case may be.
(3) Service of any document pursuant to Rule 22 shall be by delivering a copy
thereof to the person names therein, or by leaving the same at the dwelling
house or usual place of abode or usual place of business of such person. The
person serving the notice or request shall furnish an affidavit to the
secretary stating the time and place of such service.
CONDUCT OF HEARINGS
7. Hearings may be conducted, testimony received and arguments thereon heard by
the whole Commission or by one or more Commissioners from each section of the
Commission, designated for that purpose by the respective sections or the
chairmen thereof.
DECISION BY THE WHOLE COMMISSION
8. The whole Commission shall consider and determine any matter or question
which the Treaty or international agreement, either in terms or by implication,
requires or makes it the duty of the Commission to determine. For the purposes
of this rule and Rule 7, "the whole Commission" means all of the commissioners
appointed pursuant to Article VII of the Treaty whose terms of office have not
expired and who are not prevented by serious illness or other circumstances
beyond their control from carrying out their functions as commissioners. In no
event shall a decision be made without the concurrence of at least four
commissioners.
SUSPENSION OR AMENDMENT OF RULES
9. The Commission may suspend, repeal, or amend all or any of the rules of
Procedure at any time, with the concurrence of at least four commissioners.
Both Governments shall be informed forthwith of any such action.
GENERAL RULE
10. The Commission may, at any time, adopt any procedure which it deems
expedient and necessary to carry out the true intent and meaning of the Treaty.
AVAILABILITY OF RECORDS
11. (1) The following items in the official records of the Commission shall be
available for public information at the permanent offices of the Commission:
- Applications
- References
- Public Notices
- Press Releases
- Statements in Response
- Statements in Reply
- Records of hearings, including exhibits filed
- Briefs and formal Statements submitted at hearings or at other times
(2) Decision rendered and orders issued by the Commission and formal opinions
of any of the Commissioners with relation thereto, shall be available similarly
for public information after duplicate originals of the decisions or orders
have been transmitted to and filed with the Governments pursuant to Article XI
of the Treaty.
(3) Copies of reports submitted to one or both of the Governments pursuant to
the Treaty shall be available similarly for public information only with the
consent of the Government or Governments to whom the reports are addressed.
(4) Reports, letters, memoranda and other communications addressed to the
Commission, by boards or committees created by or at the request of the
Commission, are privileged and shall become available for public information
only in accordance with a decision of the Commission in that effect.
(5) Except as provided in the preceding paragraphs of this rule, records of
deliberations, and documents, letters, memoranda and communications of every
nature and kind in the official record of the Commission, whether addressed to
or by the Commission commissioners, secretaries, advisers or any of them, are
privileged and shall become available to public information only in accordance
with a decision of the Commission to that effect.
(6) A copy of any document, report, record or other paper which under this rule
is available for public information may be furnished to any person upon payment
of any cost involved in its reproduction.
PART II – APPLICATIONS
Presentation to Commission
12. (1) Where one or the other of the Governments on its own initiative seeks
the approval of the Commission for the use, obstruction or diversion of waters
with respect to which under Articles III or IV of the Treaty the approval of
the Commission is required, it shall present to the Commission an application
setting forth as fully as may be necessary for the information of the
Commission the facts upon which the application is based and the nature of the
order of approval desired.
(2) Where a person seeks the approval of the Commission for the use,
obstruction or diversion of waters with respect to which under Articles III or
IV of the Treaty the approval of the Commission is required, he shall prepare
an application to the Commission and forward it to the Government within whose
jurisdiction such use, obstruction or diversion is to be made, with the request
that the said application be transmitted to the Commission. If such Government
transmits the application to the Commission with a request that it take
appropriate action thereon, the same shall be filed by the Commission in the
same manner as an application presented in accordance with paragraph (1) of
this rule. Transmittal of the application to the Commission shall not be
construed as authorization by the government of the use, obstruction or
diversion proposed by the applicant. All applications by persons shall
conform, as to their contents, to the requirements of paragraph (1) of this
rule.
(3) Where the Commission has issued an Order approving a particular use,
obstruction or diversion, in which it has specifically retained jurisdiction
over the subject matter of an application and has reserved the right to make
further orders relating thereto, any Government or person entitled to request
the issuance of such further order may present to the Commission a request,
setting forth the facts upon which it is based and the nature of the further
order desired. On receipt of the request the Commission shall proceed in
accordance with the terms of the Order in which the Commission specifically
retained jurisdiction. In each case the secretaries shall notify both
Governments and invite their comments before the request is complied with.
COPIES REQUIRED
13. (1) Subject to paragraph (3) of this rule, two duplicate originals and
fifty copies of the application and of any supplemental applications, statement
in response, supplemental statement in response, statement in reply and
supplemental statements in reply shall be delivered to the other secretary.
On receipt of such documents, the secretary shall forthwith send one duplicate
original and twenty-five copies to the other secretary.
(2) Subject to paragraph (3) of this rule, two copies of such drawings,
profiles, plans of survey, maps and specifications as may be necessary to
illustrate clearly the matter of the application shall be delivered to either
secretary and he shall send one copy forthwith to the other secretary.
(3) Notwithstanding paragraphs (1) and (2) of this rule, such additional copies
of the documents mentioned therein as may be requested by the Commission shall
be provided forthwith.
AUTHORIZATION BY GOVERNMENT
14. (1) Where the use, obstruction or diversion of waters for which the
Commission's approval is sought has been authorized by or on behalf of a
Government or by or on behalf of a State or Province or other competent
authority, two copies of such authorization and of any plans approved
incidental thereto shall accompany the application when it is presented to the
Commission in accordance with Rule 12.
(2) Where such a use, obstruction or diversion of waters is authorized by or on
behalf of a Government or by or on behalf of a State or Province or other
competent authority after an application has been presented to the Commission
in accordance with Rule 12, the application shall deliver forthwith to the
Commission two copies of such authorization and of any plans approved
incidental thereto.
NOTICE OF PUBLICATION
15. (1) As soon as practicable after an application is presented or transmitted
in accordance with Rule 12, the secretary of the section of the Commission
appointed by the other Government shall send a copy of the application to such
Government.
(2) Except as otherwise provided pursuant to Rule 19, the secretaries, as soon
as practicable after the application is received, shall cause a notice to be
published in the Canada Gazette and the Federal Register and once each week for
three successive weeks in two newspapers published one in each country and
circulated in or near the localities which, in the opinion of the Commission,
are most likely to be affected by the proposed use, obstruction or diversion.
Subject to paragraph (3) of this rule, the notice shall state that the
application has been received, the nature and locality of the proposed use,
obstruction or diversion, the time within which any person interested may
present a statement in response to the Commission and that the Commission will
hold a hearing or hearings at which all persons interested are entitled to be
heard with respect thereto.
(3) If the Commission so directs, the notice referred to in paragraph (2) of
this rule, appropriately modified, may be combined with the notice of hearing
referred to in Rule 24 and published accordingly.
16. (1) Except as otherwise provided pursuant to Rule 19, a Government and any
interested person, other than the applicant, may present a statement in
response to the Commission within thirty days after the filing of an
application. A statement in response shall set forth facts and arguments
bearing on the subject matter of the application and tending to oppose or
support the application, in whole or in part. If it is desired that
conditional approval be granted, the statement in response should be set forth
the particular condition or conditions desired. An address for service of
documents should be included in the statement in response.
(2) When a statement in response has been filed, the secretaries shall send a
copy forthwith to the applicant and to each Government except the Government
which presented the said statement in response. If so directed by the
Commission, the secretaries shall inform those who have presented statements in
response, of the nature of the total response.
STATEMENT IN REPLY
17. (1) Except as otherwise provided pursuant to Rule 19, the applicant and, if
he is a person, the Government which transmitted the application on his behalf,
one or both may present a statement or statements in reply to the Commission
within thirty days after the time provided for presenting statements in
response. A statement in reply shall set forth facts and arguments bearing
upon the allegations and arguments contained in the statements in response.
(2) When a statement in reply has been filed, the secretary shall send a copy
forthwith to each Government except the Government which presented the said
statement in response, statement in reply and to all persons who presented
statements in response.
SUPPLEMENTAL OR AMENDED APPLICATIONS AND STATEMENTS
18. (1) If it appears to the Commission that either an application, a statement
in response or a statement in reply is not sufficiently definite and complete,
the Commission may require a more definite and complete application, statement
in response or statement in response or statement in reply as the case may be,
to be presented.
(2) Where substantial justice requires it, the Commission with the concurrence
of at least four Commissioners may allow the amendment of any application,
statement in response, statement in reply and any document or exhibit which has
been presented to the Commission.
REDUCING OR EXTENDING TIME AND DISPENSING WITH STATEMENTS
19. In any case where the Commission considers that such action would be in the
public interest and not prejudicial to the right of interested persons to be
heard in accordance with Article XII of the Treaty, the Commission may reduce
or extend the time for the presentation of any paper or the doing of any act
required by these rules or may dispense with the presentation of statements in
response and statements in reply.
INTERESTED PERSONS AND COUNSEL
20. Governments and persons interested in the subject matter of an application,
whether in favour of or opposed to it, are entitled to be heard in person or by
counsel at any hearing thereof held by the Commission.
CONSULTATION
21. The Commission may meet or consult with the applicant, the Governments and
other persons or their counsel at any time regarding the plan of hearing, the
mode of conducting the inquiry, the admitting or proof of certain facts or for
any other purpose.
ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS
22. (1) Requests for the attendance and examination of witnesses and for the
production and inspection of books, papers and documents may be issued over the
signature of the secretary of the section of the Commission of the country in
which the witness reside or the books, papers or documents may be when so
authorized by the Chairman of that section.
(2) All applications for subpoena or other process to compel the attendance of
witnesses or the production of books, papers and documents before the
Commission shall be made to the proper courts of either country, as the case
may be, upon the order of the Commission.
HEARINGS
23. (1) The time and place of the hearing or hearings of an application shall
be fixed by the Chairmen of the two sections.
(2) The secretaries shall forthwith give written notice of the time and place
of the hearing or hearings to the applicant, the Governments and all persons
who have presented statements in response to the Commission. Except as
otherwise provided by the Commission, the secretaries shall also cause such
notice to be published in the Canada Gazette and the Federal Register and once
each week for three successive weeks in two newspapers, published one in each
country and circulated in or near the localities which, in the opinion of the
Commission, are most likely to be affected by the proposed use, obstruction or
diversion of water.
(3) All hearings shall be open to the public.
(4) The applicant, the Governments and persons interested are entitled to
present oral and documentary evidence and argument that is relevant and
material to any issue that is before the Commission in connection with the
application.
(5) The presiding chairman may require that evidence be under oath.
(6) Witnesses may be examined and cross-examined by the Commissioners and by
counsel for the applicant, the Governments and the Commission. With the
consent of the presiding chairman, counsel for a person other than the
applicant may also examine or cross-examine witnesses.
(7) The Commission may require further evidence to be given and may require
printed briefs to be submitted at or subsequent to the hearing.
(8) The Commissioners shall be free to determine the probative value of the
evidence submitted to it.
(9) A verbatim transcript of the proceedings at the hearing shall be prepared.
(10) The hearing of the application, when once begun shall proceed at the times
and places determined by the Chairmen of the two sections to ensure the
greatest practicable continuity and dispatch of proceedings.
EXPENSES OF PROCEEDINGS
24. (1) The expenses of those participating in any proceeding under Part II of
these rules shall be borne by the participants.
(2) The Commission, after due notice to the participant or participants
concerned, may require that any unusual cost or expense to the Commission shall
be paid by the person on whose behalf or at whose request such unusual cost or
expense has been or will be incurred.
GOVERNMENT BRIEF RE NAVIGABLE WATERS
25. When in the opinion of the Commission it is desirable that a decision
should be rendered which affects navigable waters in a manner or to an extent
different from that contemplated by the application and plans presented to the
Commission, the Commission will, before making a final decision, submit to the
Government presenting or transmitting the application a draft of the decision,
and such Government may transmit to the Commission a brief or memorandum
thereon which will receive due consideration by the Commission before its
decision is made final.
PART III – REFERENCES
Presentation to Commission
26. (1) Where a question or matter of difference arising between the two
Governments involving the rights, obligations, or interests of either in
relation to the other or to the inhabitants of the other along the common
frontier between the United States of America and Canada is to be referred to
the Commission under Article IX of the Treaty, the method of bringing such
question or matter to the attention of the Commission and invoking its action
ordinarily will be as set forth in this rule.
(2) Where both Governments have agreed to refer such a question or matter to
the Commission, each Government will present to the Commission, at the
permanent office in its country, a reference in similar or identical terms
setting forth as fully as may be necessary for the information of the
Commission the question or matter which it is to examine into and report upon
and any restrictions or exceptions which may be imposed upon the Commission
with respect thereto.
(3) Where one of the Governments, on its own initiative, has decided to refer
such a question or matter to the Commission, it will present a reference to the
Commission at the permanent office in its country. All such references should
conform, as to their contents, to the requirements of paragraph (2) of this
rule.
(4) Such drawings, plans of survey and maps as may be necessary to illustrate
clearly the question or matter referred should accompany the reference when it
is presented to the Commission.
NOTICE AND PUBLICATION
27. (1) The secretary to whom a reference is presented shall receive and file
the same and shall send a copy forthwith to the other secretary for filing in
the office of the latter. If the reference is presented by one Government
only, the other secretary shall send a copy forthwith to his Government.
(2) Subject to any restrictions or exceptions which may be imposed upon the
Commission by the terms of the reference, and unless otherwise provided by the
Commission, the secretaries, as soon as practicable after the reference, and
unless otherwise provided by the Commission, the secretaries, as soon as
practicable after the reference is received, shall cause a notice to be
published in the Canada Gazette, the Federal Register and in two newspapers,
published one in each country and circulated in or near the localities which,
in the opinion of the Commission, are most likely to be interested in the
subject matter of the reference. The notice shall describe the subject matter
of the reference in general terms, invite interested persons to inform the
Commission of the nature of their interest and state that the Commission will
provide convenient opportunity for interested persons to be heard with respect
thereto.
ADVISORY BOARDS
28. (1) The Commission may appoint a board or boards, composed of qualified
persons to conduct on its behalf investigations and studies that may be
necessary or desirable and to report to the Commission regarding any questions
or matters involved in the subject matter of the reference.
(2) Such board ordinarily will have an equal number of members from each
country.
(3) The Commission ordinarily will make copies of the main or final report of
such board or a digest thereof available for examination by the Governments and
interested persons prior to holding the final hearing or hearings referred to
in Rule 29.
HEARINGS
29. (1) A hearing or hearings may be held whenever in the opinion of the
Commission such action would be helpful to the Commission in complying with the
terms of a reference. Subject to any restrictions or exceptions which may be
imposed by the terms of the reference, a final hearing or hearings shall be
held before the Commission reports to Governments in accordance with the terms
of reference.
(2) The time, place and purpose of the hearing or hearings on a reference shall
be fixed by the Chairmen of the two sections.
(3) The secretaries shall forthwith give written notice of the time, place and
purpose of the hearing or hearings to each Government and to persons who have
advised the Commission of their interest. Unless otherwise directed by the
Commission, the secretaries shall also cause such notice to be published in the
Canada Gazette, the Federal Register and once each week for three successive
weeks in two newspapers, published one in each country and circulated in or
near the localities which, in the opinion of the Commission, are most likely to
be interested in the subject matter of the reference.
(4) All hearings shall be open to the public, unless otherwise determined by
the Commission.
(5) At a hearing, the Governments and persons interested are entitled to
present, in person or by counsel, oral and documentary evidence and argument
that relevant and material to any matter that is within the published purpose
of the hearing.
(6) The presiding chairman may require that evidence be under oath.
(7) Witnesses may be examined and cross-examined by the Commissioners and by
counsel for the Governments and the Commission. With the consent of the
presiding chairman, counsel for any interested personal may also examine or
cross-examine witnesses.
(8) The Commission may require further evidence to be given and may require
printed briefs to be submitted at or subsequent to the hearing.
(9) A verbatim transcript of the proceedings at the hearing shall be prepared.
PROCEEDINGS UNDER ARTICLE X
30. When a question or matter of difference arising between the two Governments
involving the rights, obligations or interests of either in relation to the
other or to their respective inhabitants has been or is to be referred to the
Commission for decision under Article X or the Treaty, the Commission, after
consultation with the said Governments, will adopt such rules of procedures as
may be appropriate to the question or matter referred or to be referred.
Last update:
|
