International Boundary Waters Treaty Act (R.S.C., 1985, c. I-17)

Act current to 2014-10-27 and last amended on 2014-07-01. Previous Versions

International Boundary Waters Treaty Act

R.S.C., 1985, c. I-17

An Act respecting the International Joint Commission established under the treaty of January 11, 1909 relating to boundary waters

Marginal note:Short title

 This Act may be cited as the International Boundary Waters Treaty Act.

  • R.S., c. I-20, s. 1.
Marginal note:Treaty in schedule confirmed

 The treaty relating to the boundary waters and to questions arising along the boundary between Canada and the United States made between His Majesty, King Edward VII, and the United States, signed at Washington on January 11, 1909, and the protocol of May 5, 1910, in Schedule 1, are hereby confirmed and sanctioned.

  • R.S., 1985, c. I-17, s. 2;
  • 2013, c. 12, s. 2.
Marginal note:Laws of Canada and of provinces

 The laws of Canada and of the provinces are hereby amended and altered so as to permit, authorize and sanction the performance of the obligations undertaken by His Majesty in and under the treaty, and so as to sanction, confer and impose the various rights, duties and disabilities intended by the treaty to be conferred or imposed or to exist within Canada.

  • R.S., c. I-20, s. 3.
Marginal note:Interference with international waters
  •  (1) Any interference with or diversion from their natural channel of any waters in Canada, which in their natural channels would flow across the boundary between Canada and the United States or into boundary waters, as defined in the treaty, resulting in any injury on the United States side of the boundary, gives the same rights and entitles the injured parties to the same legal remedies as if the injury took place in that part of Canada where the interference or diversion occurs.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to cases existing on January 11, 1909 or to cases expressly covered by special agreement between Her Majesty and the Government of the United States.

  • R.S., c. I-20, s. 4.
Marginal note:Federal Court jurisdiction

 The Federal Court has jurisdiction at the suit of any injured party or person who claims under this Act in all cases in which it is sought to enforce or determine as against any person any right or obligation arising or claimed under or by virtue of this Act.

  • R.S., c. I-20, s. 5;
  • R.S., c. 10(2nd Supp.), s. 64.
Marginal note:Commission may compel attendance of witnesses

 The International Joint Commission, when appointed and constituted pursuant to the treaty, shall have power, when holding joint sessions in Canada, to take evidence on oath and to compel the attendance of witnesses by application to a judge of a superior court of the province in which the session is held, and that judge is hereby authorized and directed to make all orders and issue all processes necessary and appropriate to that end.

  • R.S., c. I-20, s. 6.