Terms of Reference for a Public Advisory Group in support of Phase 2 of the Expedited Review of Plan 2014
1. Preamble
The Public Advisory Group (PAG) in support of Phase 2 of the Expedited Review of Plan 2014 is a forum to advise and support the activities of the International Joint Commission’s (IJC’s) Great Lakes-St. Lawrence River Adaptive Management (GLAM) Committee and International Lake Ontario - St. Lawrence River Board (ILOSLRB, Board) to evaluate possible improvements to Lake Ontario outflow regulation. The GLAM Committee was established by the IJC in a Directive dated January 16, 2015, to undertake the long-term review of the regulation plans for managing the outflows for Lake Superior and Lake Ontario. In February 2020, the IJC directed the committee to undertake an expedited review of Plan 2014, the regulation plan for managing Lake Ontario outflows. The GLAM Committee completed Phase 1 of the Expedited Review in November 2021 and initiated its Phase 2 work concurrently with finalizing Phase 1. The PAG is an important strategic component of the IJC, ILOSLR Board and GLAM Committee’s strategy to increase transparency, involvement, and engagement in the implementation of the adaptive management process for the expedited review and assessment of Plan 2014 for the regulation of outflows from Lake Ontario. The PAG’s work in Phase 1 has been reviewed and a PAG is being reestablished to support the GLAM Committee’s evaluation of the regulation plan in Phase 2 and provide PAG members' perspectives to assist the ILOSLRB in developing its recommendations to the IJC on outflow regulation improvements. During Phase 2, the PAG is also being asked to provide input to the ILOSLRB on the structure and functioning of an on-going, post-Phase 2, advisory group to both the Board and GLAM committee on their activities.
2. Concept
The outflows from Lake Superior and Lake Ontario are regulated in accordance with IJC Orders of Approval. The GLAM Committee is an IJC-appointed committee that reports to the Great Lakes water regulation boards and implements an adaptive management process to review the rules for regulating outflows. While the GLAM Committee was formed with a long-term perspective of meeting the 15-year review timeline outlined in the Orders for Lake Superior and Lake Ontario, high- and low water events on Lake Ontario and the St. Lawrence River have led to considerable interest in the regulation of Lake Ontario outflows since Plan 2014 was implemented. Recognizing that no regulation plan can eliminate shoreline impacts under extreme high or low water supply conditions, the IJC has asked the GLAM Committee to conduct an expedited review of Plan 2014 with the goal of exploring potential opportunities to further moderate flooding and erosion throughout the system. The GLAM Committee proposed a phased approach. Phase 1 of the expedited review is complete, and the second phase began in October 2021.
The GLAM Committee is not a decision-making body but does make recommendations to the Great Lakes Boards on performance indicators used and assessed in the review of the regulation plans. The GLAM Committee also interacts directly with the decision-makers, those being the Boards, the IJC, governments and Indigenous Nations. The regulation of flows is considered, as per the criteria outlined 2 in the IJC’s 2016 Order of Approval and the Boundary Waters Treaty of 1909, to provide for a wide range of desired outcomes such as the production of energy, municipal and industrial water uses, navigation, of desired outcomes such as the production of energy, municipal and industrial water uses, navigation, reducing flooding and erosion, recreational activities, and ecosystem health. Because groups aligned with these different interests both influence and experience the outcomes from outflow management, it is important that the GLAM Committee obtain their advice and work collectively to understand what each group knows about how flow regulation and lake level changes affect them. The central premise for the PAG is that a greater trust and transparency between the technical experts and those impacted by water level and flow conditions in the Lake Ontario – St. Lawrence River system can be achieved when trusted and knowledgeable representatives of networks work directly with experts to engage and advise on the assessment of various impacted groups. The PAG forms a small group of voluntary and trusted members as a core circle, or network, with the GLAM Committee and Board representatives, sharing all information and providing two-way communication with their local groups and networks. The expectation is that the PAG will work to both inform and, as appropriate, seek feedback from their larger local groups and networks.
3. Statement of Purpose for Phase 2 of the Expedited Review of Plan 2014
The Expedited Review of Plan 2014 is an effort by the IJC, Board, and GLAM to analyze and evaluate the requirements in the 2016 Supplementary Order of Approval to manage the plan adaptively, with a focus on the recent extreme high water supply conditions. The review includes exploring all possible ways of modifying current operations, within and outside the confines of the existing order:
- Phase 1 focused on providing information as quickly as possible to help the Board with near-term deviation decisions during high water level events;
- Phase 2 will continue the work of Phase 1 looking for possible improvements in how the plan addresses extreme highs and lows under many different scenarios and over the longer-term.
While the goal of the expedited review is to look for potential improvements to the regulation plan especially related to future extreme events both upstream and downstream of the project, it must be recognized that no regulation plan will eliminate adverse impacts under extreme water supply conditions. As such, a secondary objective of the expedited review is to improve the understanding, documentation and presentation of how the plan and the Board have or could respond to extremes, the limits of lake outflow regulation, and the change in the balances of impacts and tradeoffs inherent with any modification to the regulation plan. The Expedited Review will continue to consider the range of affected interests (i.e., shoreline riparian and Indigenous communities, commercial navigation; municipal and industrial water uses; recreation and tourism; hydropower; and ecosystems).
4. Roles and Responsibilities of the Public Advisory Group (PAG) in support of Phase 2 for the Expedited Review of Plan 2014
Substantive Scope of Review and PAG Tasks
As a voluntary member of the PAG, appointed by the IJC, participants will assist in the following areas:
- The PAG will inform the GLAM Committee and ILOSLRB on:
- decision factors the GLAM Committee can suggest to the ILOSLRB for their use in making decisions on water outflow changes (e.g., indicators for inclusion in the Decision Support Tool);
- methodologies used to assess regulation plans and how they are communicated to interests; and
- methodologies, timing, and frequency for public engagement.
- Provide advice to the GLAM Committee and the Board relating to the expedited review of Plan 2014, including how future extreme water levels are considered.
- Participate in meetings regarding the theory and practice of flow regulation, and further development of performance indicators and tools used in the evaluation of potential modifications to the regulation plans.
- Develop cogent advice for the GLAM Committee and the Board on lessons learned from the engagement process and recommendations for how to make improvements moving forward.
- Work collaboratively with the GLAM Committee in developing its strategy to share progress and results throughout Phase 2 with interest groups and communities. This may include interim results, final Phase 2 results as well as communication to strengthen long-term relationships to support on-going adaptive management for the on-going review of the outflow regulation plan.
- Bring information from their respective sectors and communities back to the PAG, and compile and coordinate feedback from their organization/group/network in a timely manner.
- Assist the GLAM Committee and the Board in engaging with key groups and communities impacted by water level and flow conditions related to the expedited review, the evaluation of the regulation plan and the adaptive management process.
- Work with the GLAM Committee and the Board’s Interim Advisory Group to develop advice for the careful planning and consideration of an advisory structure to the Board that can serve the needs of the Board and its GLAM Committee on an on-going basis.
Expectations of Interactions
- A significant change in the Phase 2 PAG is that members may periodically interact with the Board at workshops and meetings. PAG members may be invited to observe Board meetings. PAG members will, at all times, refrain from interfering with Board discussions and decision making, unless specifically called upon to provide the perspective of the interest group represented. Information and views presented during Board meetings are considered privileged. PAG members will not share views or information presented at Board meetings without express consent of the GLAM Committee or Board, and review by IJC Public Affairs Officers. Opportunities to present the range of views and for providing positive suggestions will be available at PAG/GLAM facilitated meetings.
- Maintain an open and honest dialogue with the GLAM Committee to ensure that a wide range of perspectives are being heard and considered in the review of Plan 2014. Products and summaries of these deliberations will be shared with the Board by GLAM leadership.
- Participate in conference calls, email exchanges, phone calls with GLAM Committee members.
- Work with the GLAM Committee and identified facilitator to review and, if needed, modify the Rules of Engagement developed by the PAG in Phase 1 for participation and interaction amongst all members of the PAG in Phase 2.
- All members of PAG have equal status during discussion and are expected to demonstrate fairness and a commitment to in-depth examination of matters under review.
- Respect and adhere to the group’s agreed upon Rules of Engagement, once agreed upon.
- PAG members will be expected to follow the Phase 1 Rules of Engagement until they are updated or revised for Phase 2:
- Advice provided to the GLAM Committee and the Board will be for their consideration, recognizing that the GLAM Committee and the Board are not obligated to act on all advice received.
5. GLAM Committee Roles and Responsibilities
- Maintain an open and honest dialogue with the PAG members to ensure that their perspectives and those of the various groups are being heard.
- Follow the same rules of engagement and expectations of PAG members in terms of positive and constructive engagement.
- Provide facilitation, administrative oversight, and coordination for all activities of the PAG.
- Work with the PAG to engage with and maintain support from key impact groups and community leaders related to the expedited review.
- Share GLAM Committee material and concepts relating to the expedited review of the regulation plans to address future extreme water levels.
- Organize meetings between the Board, GLAM Committee and the PAG within each calendar year of Phase 2 of the Expedited Review. Consider virtual options for those members unable to travel to physical meetings.
- Ensure additional support is provided, as needed, to those who are French-speaking, and ensure meaningful engagement with French-speaking communities and/or groups.
- Ensure PAG members have access to accurate and factual talking points and that they collaborate with the GLAM Committee prior to making public comments or attending meetings with the public or media.
- Hold conference calls and webinars as needed with the PAG and provide regular updates through emails, phone calls with GLAM Committee members and other means as mutually agreed to between the GLAM Committee and PAG.
- Remain cognizant and respectful of the time commitment by PAG members and listen to feedback and make adjustments as necessary to prevent PAG members from becoming overburdened.
- Work collaboratively with the PAG in developing a strategy to share progress and results throughout the Phase 2 exercise with interest groups and communities. This can include interim results, final Phase 2 results as well as communication to strengthen long-term relationships to support on-going adaptive management for the on-going review of the outflow regulation plan.
- Work with the PAG, the Board’s Interim Advisory Group and identified facilitator to develop advice for the careful planning and consideration of an advisory structure to the Board that can serve the needs of the Board and its GLAM Committee.
6. ILOSLRB Roles and Responsibilities
- Consider the perspectives of PAG members in its deliberations and recommendations for Board tools and potential modifications to the regulation plan at the conclusion of the expedited review.
- Consider advice provided by the GLAM Committee, IAG and PAG members on how an advisory structure to the Board might be formulated to ensure interest voices are heard by the Board on an on-going basis.
7. Membership
PAG members are nominated by the GLAM Committee and the Board for appointment by the IJC to serve during Phase 2 of the expedited review. Members are drawn from agencies, organizations, groups and communities that understand and work with those that may be affected by water level and flow changes and who are already established and trusted by those communities and sectors.
The IJC, in collaboration with the GLAM Committee and the Board, will strive for equal representation of members from the United States and Canada in the development of the PAG, but will also consider representation from key interest sectors, various impact sectors, and geographic regions addressed by the GLAM Committee in their analyses, and are known to have a vested interest, or role to play, in the expedited review of the regulation plan. Consideration will also be given to inclusivity and striving for diversity across socio-economic status, race, gender identify, and ethnicity. Size and membership are important considerations for GLAM and the Board, and the Board is expected to consider this Phase 2 PAG structure to determine its best options for a longer-term, post Phase 2 advisory group.
PAG members, while contributing to improve the links between their agencies/organizations/groups and the GLAM Committee and the Board, are not considered official representatives speaking on behalf of their agencies or organizations. Serving in a personal capacity, they are nonetheless considered an inner core to a broader set of community or sector with whom the GLAM Committee and Board wishes to engage.
An individual may withdraw as a member from the PAG at any time upon written notification to the IJC with a copy to the GLAM Committee co-chairs.
PAG members agree to serve according to these Terms or Reference and any additional terms provided by the Board and GLAM Committee. The opportunity to attend meetings of the Board and access to detailed planning activities come with significant responsibilities that PAG members are entrusted to abide by. The commitment to collaborate with the GLAM Committee and Board prior to making public statements and to ensure that all messaging is accurate and factual must be maintained at all times. Noncompliance with these critical requirements will be considered grounds for the IJC, in consultation with the GLAM Committee and the Board, to terminate membership via written notification.
8. Reporting Structure
The PAG reports to the ILOSLRB through the GLAM Committee and provides information and perspectives for the GLAM and Board’s consideration. The Board is solely responsible for making decisions in accordance with its directive. IJC Commissioners may request to meet directly with the PAG.
9. Management and Administration
The GLAM Committee will provide a PAG facilitator to support the GLAM Committee and the Board in the engagement process by organizing and facilitating conference calls, video-conferences, webinars and face-to-face meetings with the PAG members.
The agenda for conference calls and meetings will be developed by the GLAM Committee in consultation with the PAG facilitator and the Board. Where possible, information will be provided in advance of the conference call/meeting. In all cases, engagement with the public and/or media will be coordinated by the GLAM Committee and any products intended for public release will be reviewed and approved by IJC Secretaries, via their Public Affairs Officers. The current IJC Communications Policy document is to be consulted for details regarding public communication and engagement activities requirements.
Summaries of joint PAG and GLAM Committee meetings will be prepared by the PAG facilitator and certified for accuracy by the PAG members and GLAM Committee co-chairs. The summaries are kept to the minimum detail required to effectively report on the proceedings and to reflect the advice offered. There is no attribution of comments unless specifically requested by a member. Meeting summaries and similar documents are not to be publicly released.
Travel expenses for PAG attendance at meetings of the PAG, GLAM Committee or Board will be approved by the GLAM Committee and the Board.
Members of PAG serve voluntarily without reimbursement for their time.