TRANSBOUNDARY WATER AND WATER EXPORTS IN CANADA

Contrary to its two southern North-American neighbors, the USA and Mexico, Canada does not have obvious problems as a consequence of the intensive use of surface water and groundwater. Canada mostly struggles to keep the quality of its waters, in the highest standards, and to overcome the knowledge gaps of its groundwater resources. In assessing water resources, it has become obvious that both surface and groundwater resources are equally important, a paradigm shift from the not so distant time when an abundant mentality relative to (surface) water used to prevail. Because of this shift, Canada is concerned about transoundary water issues, both between provinces and internationally, and more recently about water exports.

There is no competition in Canada for groundwater resources between provinces or internationally. The most important cases of transboundary aquifers with potential competition are located in the Prairie provinces. When an aquifer extends beneath the border of two jurisdictions, conflict may arise when one jurisdiction depletes groundwater resources that affect the quantity and quality of water available to the other jurisdiction. The equitable and "reasonable" use of shared waters is the most essential principle considered when negotiating a groundwater apportionment method. Other factors considered are: the priority use, the sustainable yield of the aquifer, and the joint apportionment of surface water and groundwater

The international practices on transboundary waters in Canada are managed by the U.S.-Canada International Joint Commission (IJC). The IJC follows the 1909 Boundary Waters Treaty, providing the principles and mechanisms to help prevent and resolve disputes re to water. However, the 1909 Treaty did not mention groundwater; it was not until 1977 that transboundary aquifers were first considered by the IJC.

In Canada the water resources belong to the provinces, thus the federal government has no jurisdiction on that matter. When it comes to water exports, however, the issue has to be dealt with internationally, thus bringing federal government into play. Some critics believe Canada is about to change its policy on prohibiting bulk water sales. The provincial and federal governments are preparing themselves by trying to estimate the value of water, and by inventorying their other less well known water resource: aquifers.