IJC Directive no. 1 to the Great Lakes Water Quality Board

Pursuant to the 1978 Great Lakes Water Quality Agreement

The Governments of Canada and the United States on November 22, 1978, entered into an Agreement on Great Lakes Water Quality, herein referred to as the Agreement, a copy of which is attached hereto as Appendix A. Said Agreement supersedes the Great Lakes Water Quality Agreement of April 15, 1972.
By the terms of the Agreement, the Governments of Canada and the United States have assigned special responsibilities and functions to the International Joint Commission.
To assist the Commission in the exercise of the functions, powers and responsibilities assigned to it under the Agreement, the Great Lakes Water Quality Board is designated the principal advisor to the Commission with regard to all such functions, powers and responsibilities (other than those functions and responsibilities related to research as set forth in the Terms of Reference for the Science Advisory Board). In addition, the Board shall carry out such other functions related to water quality within the Great Lakes System, as the Commission may request from time to time.
The Board will consist of an equal number of members from the United States and Canada. The Commission will appoint the members of the Board after consultation with the appropriate government or governments. Appointment for all Board members including the Chairmen will be for a term of three years, provided that the length of any such term may be amended by decision of the Commission. The Commission will appoint one member from the United States and one from Canada to be Co-Chairmen of the Board. The Commission will also appoint one Board member from the United States and one from Canada to serve as Vice-Chairmen of the Board. The term of appointment for the Board member in his capacity as Vice-Chairman shall be fixed by the Commission under separate cover. The Board shall include at least one member from each of the Parties and each of the State and Provincial Governments with in the Great Lakes Basin. The Commission views full participation by all members of the Board as desirable for the Board to carry out its responsibilities under this directive.

Functions of the Board

The Board shall keep currently informed regarding the matters assigned to the Commission under Article VII of the Agreement. The Board shall also keep informed regarding programs and other measures taken with respect to, or relevant to, implementation of the Agreement and shall assess the adequacy and effectiveness of such programs, in particular those specified under the Agreement under Article VI(1) and the Annexes referenced therein.
The Board shall be responsible for the collation, assessment and analysis of data and information relevant to Paragraph 5. The Board shall review, as appropriate, procedures for the submission of such data from the various jurisdictions and recommend changes to the Commission as appropriate.
The Board shall tender timely advice on all matters concerning the Agreement and further shall submit a full report to the Commission biennially, beginning in 1981, upon all aspects relating to theoperations and effectiveness of the Agreement, and on the Board’s activities. In alternate years, the Board shall submit a summary report updating all or part of the previous report to the extent that information is available.
Should the Board be unable to reach agreement regarding any matter within its area of responsibility, the Commission should be so advised and informed of the varying points of view within the Board.
Any communication with Governments or their agencies regarding Board matters will be initiated by the Commission unless the Commission specifically requests the Board to initiate such communication.
The Board shall also submit special reports on specific issues related to the Agreement at such times as the Commission may request or the Board may desire.
The Board shall prepare and update annually its plan for the activities it proposes to undertake in carrying out its responsibilities under this directive. The plan should include provision for public information and for public participation in Board activities to the extent appropriate. This plan shall be presented to the Commission for approval and be reviewed periodically with the Commission to assure that resources available to the Commission are utilized in the most effective manner possible. Procedures for this periodic review will be communicated to the Board once they are finalized by the Commission.
With respect to the programs and other measures upon which the Board shall report to the Commission, the Board shall:
1. make recommendations on the development and implementation of programs to achieve the purpose of the Agreement as set forth in Article II thereof;
2. assemble and evaluate information evolving from such programs;
3. identify deficiencies in the scope and funding of such programs and evaluate the adequacy and compatibility of results;
4. examine the appropriateness of such programs in the light of current and future socio-economic imperatives; and
5. advise the Commission on the progress and effectiveness of such programs and submit appropriate recommendation.
The Board shall recommend to the Commission as soon as practicable what information the Commission should seek from Governments in order that guidelines can be established for use in assessing the limited use zones that may be proposed for designation specified in the Agreement.
After consultation with the Commission regarding membership and Terms of Reference, the Board shall establish a Water Quality Board Subcommittee on Dredging. In this regard, the Board shall take into consideration the provisions of Annex 7.
The Board on behalf of the Commission shall establish and maintain liaison between the Board and the work groups, agencies and other institutions undertaking activities identified in the Annexes to the Agreement, provided that, in specific cases, the Commission may determine that liaison should be undertaken by the Commission itself.
Whenever it appears to the Board that any data or information supplied to it should be verified independently in accordance with Paragraph 5 of Article VII of the Agreement, it shall so inform the Commission and recommend appropriate methods or procedures for such verification.
To facilitate the identification of needed research, the Board shall establish and maintain effective liaison and cooperation with the Commission’s Science Advisory Board in accordance with arrange- ments to be made by the Co-Chairmen of the two Boards. The Board may request the advice of the Science Advisory Board and should provide advice on request to the latter, on matters of mutual interest or responsibility.

Administration

Administrative support, public information services and technical assistance to the Board will be provided by the Commission’s Great Lakes Regional Office in Windsor, Ontario. In providing support for the Board, assigned personnel of the Regional Office will be under the direction of the Board. The Co-Chairmen of the Board shall consult with the Regional Office Director, and as necessary, with the Commission regarding the Board’s staff support requirements and how they can best be met by personnel of the Regional Office. In the event of disagreement between the Board and the Regional Office which cannot be resolved satisfactorily by the Joint Chairmen and the Director of the Regional Office, the matter shall be referred promptly to the Commission for decision. Should such occasion arise, the originator shall inform the other in advance of such communication and its contents.
The Commission will appoint a member of the Regional Office staff to be the Secretary of the Board who will be responsible to the Board on Board matters. Such appointment will take into account recommendations by the Board and will follow consultations with the Director of the Regional Office. Communications between the Commission and the Secretary to the Board will be considered communications with the Board.
Whenever a member, for any reason, will not be available to act as a member of the Board, he may request the Commission to approve, on a case-by-case basis, the designation of an alternate to act in his stead for a specific meeting. No person may act as an alternate without such prior approval from the appropriate Chairman of the Commission. Moreover, it is a Commission policy that alternates be used sparingly.
The Chairmen shall be Joint Chairmen of the Board and shall be responsible for maintaining proper liaison between the Board and the Commission.
Each of the Co-Chairmen shall ensure that the members of the Board are informed of all instructions, inquiries and authorizations received from the Commission; also of activities undertaken by or on behalf of the Board, progress made and any developments affecting such progress.
To facilitate preparation of the Regional Office budget, the Board shall provide the Regional Office Director and the Commission by November 15 of each year, with proposed programs and resource requirements for the period covered by the budget then under consideration. Submission of the activity plan described in Paragraph 11 above should coincide with the submission of the proposed program and resource requirements.
All public hearings will be conducted by the Commission. The Board may at any time determine that a public hearing would be desirable and may so advise the Commission. In any case, the Board will be informed in advance of any Commission hearing which relates to matters of concern to the Board and will be provided subsequently with copies of the hearing record.
To the greatest extent possible consistent with the policies of the Commission and the Board, the Board shall publicize its activities and permit members of the public to attend meetings of the Board and its subgroups.
After approval by the Commission regarding membership and Terms of Reference, the Board may establish committees, subcommittees and other subgroups, including joint groups with the Science Advisory Board, as may be required to discharge its responsibilities effectively and may enlist the cooperation of federal, provincial or state officials or others in the United States and Canada, as appropriate. Commission approval will also be required for changes in the Terms of Reference or membership of such groups.
Governmental Board and committee members will make their own arrangements for reimbursement of necessary expenditures for travel for their agencies. The necessary expenses of non-governmental Board and committee members for travel to attend Commission, Board and committee meetings may be paid by the Commission. To the extent funding from other sources is not available, the Commission will consider requests by state or provincial agencies for reimbursements of the necessary expenditures for travel by their employees to attend Board, committee, subcommittee, work group and other Board approved meetings. Documentation that such funds are not available is required.
Documents, letters, memoranda and communications of every kind in the official records of the Commission are privileged and become available for public information only after release by the Commission. The Commission considers all documents, including Board reports to the Commission, in the official records of the Board or of any of its committees to be similarly privileged. Accordingly, all such documents shall be so identified and maintained in separate files. They shall become available for public information only after the Commission approval.
If in the opinion of the Board or of any members, there is a lack of clarity or precision in any instruction, directive or authorization received from the Commission, the matter shall be referred promptly to the Commission for appropriate action.
The Commission may amend existing instructions or issue new instructions to the Board at any time.

Issued this 14th day of March , 1980. Signed by: D.A. LaRoche for Joint Secretaries David A. LaRoche David G. Chance