On April 1, 1946, the Governments of Canada and the United States requested the International Joint Commission to investigate the question of the pollution of the waters of the St. Clair River, Lake St. Clair and the Detroit River and to recom­mend remedial measures.¹³¹ The reference was subsequently extended to cover the St. Mary's River between Lake Superior and Lake Huron and also the Niagara River.¹³²

2. In its report to the two Governments on October 11, 1950, the Commission stated that treatment of municipal and industrial wastes is urgently needed in the areas under reference and that the capital cost of the required treatment works will be approximately $30,000,000 in Canada and approximately $100,000,000 in the United States. The Commission has recommended that:

(a) the "Objectives for Boundary Waters Quality Control" set out in its report, be adopted by the two Governments as the criteria for maintaining boundary waters in satisfactory condition;

(b) those responsible for pollution be called upon to maintain the recommended quality objectives;

(c) continued supervision be provided through international boards of control working in conjunction with the appropriate authorities in each country.

3. On December 21, 1950, the Government of the United States informed the Government of Canada that it approves the recommendations of the International Joint Commission. In order to implement the Commission's recommendations, it suggested that the two Governments simultaneously authorize the Commission to establish and maintain continuing supervision over pollution of boundary waters through boards of control, appointed by the Commission. These boards would notify those responsible for contravention of the "Objectives" set out by the Com­mission and, in the event that assurance were not given, that the pollution would be corrected within a reasonable time, recommendations would be made to the appro­priate authorities as to the further action deemed advisable.

4. The implementation, at the Federal level, of the International Joint Commis­sion's recommendations will substantially devolve upon the Department of National Health and Welfare. In view of the deep interest shown in this reference by the Government of the Province of Ontario, and because of its participation in investigations that have been made, the Department of National Health and Welfare propose to seek the close co-operation of the Ontario authorities including their participation in the supervisory activities of the proposed boards of control. To the extent that the supervising authorities will require to rely on legislation for the enforcement of the recommendations of the International Joint Commission herein, it is proposed to utilize substantially the regulations under the Public Health Act of the Province of Ontario as existing Federal legislation is not considered appropriate to the situation. In the event that the existing Provincial legislation is found to be inadequate, the situation will need to be further considered.

5. Considerable progress has already been made, on a voluntary basis, both in Canada and the United States, towards alleviating the conditions which were found to exist by the Commission during its investigation.

6. The Secretary of State for External Affairs, with the concurrence of the Minis­ters of National Health and Welfare, Public Works and Transport therefore recommends:

(i) that the Government approve the recommendations of the International Joint Commission;

(ii) that the Government agree to the United States Government's suggestion that the two Governments simultaneously authorize the Commission to establish and maintain continuing supervision over pollution of boundary waters;

(iii) that the Government of the United States be informed accordingly.

L.B. PEARSON

¹³¹ Voir/See Volume 12, Documents 881-883. 132

¹³² Voir/See Volume 12, Document 890.