Mr. Speaker, I welcome the opportunity to address the issue of protecting Canada's fresh water from bulk export. I would like to clarify briefly some of the legal protections in place and I reject the member's assertion that this government and the Minister of International Trade have misled the House.
Amendments to the International Boundary Waters Treaty Act came into force in 2002. They prohibit the bulk removal of boundary water from Canadian basins for any reason, including for the purpose of export. Limited exceptions, consistent with the main purpose of the safeguard, are provided for in the regulations.
This protection is the result of advice sought by the governments of Canada and the United States from the International Joint Commission. The IJC is the binational organization created by the Boundary Waters Treaty to help prevent and resolve disputes regarding waters we share with the U.S. In fact, the IJC reviewed the amendments and commended the Government of Canada for the added protection.
The idea of establishing an export ban has been repeatedly raised as an alternative for protecting Canada's water. However, the prohibition on bulk removals presently in place is a better approach. It is more environmentally sound and consistent with international trade obligations.
The prohibition protects water in its natural state, in its basin, before the issue of its export arises. Thus, water is regulated in its natural state rather than as a commercial good or a saleable commodity.
International trade obligations do not apply to measures that regulate water in its natural state. This approach is supported by a 1993 joint statement by Canada, Mexico and the United States confirming that: NAFTA creates no rights to the water resources of any party; and unless water has entered into commerce and become a good or commodity, it is not subject to the terms of any trade agreement, including NAFTA.
These views were subsequently reaffirmed in 1999 by the U.S. government in its submission filed with the IJC. In it, the deputy U.S. trade representative pointed to the body of international law which makes clear that water resource management rights belong to the country or countries where the watercourse flows. This is precisely what we are doing. We are managing our water to ensure sustainability for future generations.
Canadian provinces have also implemented protections for waters in their jurisdiction. Nonetheless, some have suggested that the federal government ought to, in essence, federalize provincial waters. The Canadian Constitution is very clear on the matter of natural resources, whose ownership largely resides with the provinces. Both federal and provincial governments, acting within their jurisdictions, have established an array of freshwater protections.
In conclusion, governments at all levels in Canada have a role to play in protecting our water. We will remain very steadfast in protecting this unique and vital resource.