ARCHIVED - Proposed Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem

Annex 1 - Areas of Concern

1. Preamble
2. Goals
3. Results
4. Definitions

I Preamble

To achieve the Agreement's vision of a healthy, prosperous and sustainable Great Lakes Basin Ecosystem, it is necessary to restore environmental quality in ten Canadian and five shared Canada-United States Areas of Concern (AOCs) which were designated by the Water Quality Board of the International Joint Commission in 1985. AOCs are locations where environmental quality has been degraded compared to other areas in the Great Lakes and beneficial uses of the aquatic ecosystem are impaired.

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Considerable progress has been made to implement Remedial Action Plans (RAPs) in AOCs, and two have already been delisted (Collingwood and Severn Sound). However, in the remaining fifteen AOCs, additional effort and resources are needed to complete implementation, meet delisting targets and restore environmental quality. In some cases, following remedial actions, the environment will take some time to recover and these areas will be recognized as being Areas in Recovery and monitoring will continue to track progress in achieving restoration goals until such time that they can be delisted. The Spanish Harbour AOC was recognized as being an Area in Recovery in 1999.

This Annex addresses initiatives that directly support the restoration and protection of environmental quality and beneficial uses in AOCs. These initiatives include:

• Reducing municipal wastewater and stormwater pollution;
  
• Encouraging beneficial management practices to reduce pollution from rural areas;
  
• Developing contaminated sediment management strategies;
  
• Restoring and protecting fish and wildlife habitats and populations;
  
• Fostering community participation;
  
• Increasing knowledge through research, monitoring and reporting; and
  
• Communicating progress.
  

To assist in the coordinated and cooperative delivery of the results and commitments under this Annex the Parties have agreed that:

1. Canada and Ontario will co-lead the RAP process in Toronto and Region, St. Marys, St. Clair and Detroit River AOCs;
   
   
2. Canada will lead the RAP process in Thunder Bay, Hamilton Harbour, Port Hope, and the St. Lawrence River AOCs; and
   
   
3. Ontario will lead the RAP process in Nipigon Bay, Jackfish Bay, Peninsula Harbour, Spanish Harbour, Wheatley Harbour, Niagara River and the Bay of Quinte AOCs.
   

II Goals

The Parties are committed to the long-term goal of environmental restoration in all AOCsand will continue to work with local communities towards restoring beneficial uses and removing the remaining fifteen AOCs from the list of the most degraded areas in the Great Lakes.

Towards this long-term goal of delisting, Canada and Ontario have identified two goals to be achieved by 2010:

1. Complete priority actions for delisting in four AOCs: Nipigon Bay, Jackfish Bay, Wheatley Harbour and St. Lawrence River (Cornwall); and
   
   
2. Make significant progress towards RAP implementation, environmental recovery and restoration of beneficial uses in the remaining eleven AOCs.
   

III Results

Goal 1: Complete priority actions for delisting in four AOCs: Nipigon Bay, Jackfish Bay, Wheatley Harbour and St. Lawrence River (Cornwall) AOCs.

Considerable progress has been made in these four AOCs and RAP implementation is nearing completion. A number of priority actions remain to be undertaken that are specific to each AOC and directed towards achieving locally-derived delisting criteria. When these actions are completed, it will be possible to delist the AOC (if environmental conditions meet delisting criteria) or recognize it as an Area in Recovery (if the environment requires additional time to recover).

Result 1.1 - Reduced nutrients, microbial and other contaminants from industrial or municipal wastewater to achieve delisting targets in Nipigon Bay and St. Lawrence River (Cornwall) AOCs.

Canada and Ontario will:

1. Continue to track progress as the Township of Nipigon upgrades its sewage treatment plant from primary to secondary treatment; and
   
   
2. Identify and promote the priority actions necessary to reduce the volume and/or treat municipal wastewater in the St. Lawrence River (Cornwall) AOC to meet RAP delisting targets.

Result 1.2 - Reduced nutrients, microbial and other contaminants from rural non-point sources to meet delisting criteria in the St. Lawrence River (Cornwall) AOC.

Canada and Ontario will:

1. Identify and ensure the implementation of rural non-point source priority actions for delisting in the St. Lawrence River (Cornwall) AOC by providing technical advice, workshops, education and outreach materials and cost-share funding for landowner contact programs, environmental stewardship projects and beneficial management practices.
   

Result 1.3 - Contaminated sediment management strategies developed for the Wheatley Harbour AOC and implemented in the St. Lawrence River (Cornwall) AOC.

Canada and Ontario will:

1. Continue to implement the Cornwall sediment strategy as outlined in the Cornwall Sediment Strategy Accord and Protocol (2005);
   
   
2. Identify and evaluate sediment management options for PCB contaminated sediment in Wheatley Harbour;
   
   
3. Provide information and consult with representatives of the Wheatley Harbour community to seek consensus on the preferred sediment management option;
   
   
4. Finalize the Wheatley Harbour sediment management strategy and consider it as a priority for potential future federal/provincial funding; and
   
   
5. Implement the Wheatley Harbour sediment management strategy upon confirmation of federal and provincial funding.

Result 1.4 - Plans in place and being implemented to rehabilitate fish and wildlife habitats and populations to meet delisting targets in the Wheatley Harbour and St. Lawrence River (Cornwall) AOCs.

Canada and Ontario will:

1. Provide enhanced fish and wildlife habitat through wetland construction in the Wheatley Harbour AOC;
   
   
2. Continue to ensure that the fisheries habitat management plan and natural heritage strategy are integrated into municipal and regional official plans in the St. Lawrence River (Cornwall) AOC;
   
   
3. Provide scientific/technical expertise and funding to complete the implementation of habitat priority actions for delisting in the St. Lawrence River (Cornwall) AOC through collaboration, community and citizen stewardship; and
   
   
4. Continue to facilitate wetland protection and enhancement through land securement, restoration and stewardship of private lands in the Wheatley Harbour and St. Lawrence River (Cornwall) AOCs.

Ontario will:

5. Continue to implement the fisheries management plan for Lake St. Francis in the St. Lawrence River (Cornwall) AOC.

Result 1.5 - Informed, effective collaboration amongst government, communities and individuals to prioritize and complete actions required for delisting and confirming environmental recovery in Nipigon Bay, Jackfish Bay, Wheatley Harbour and St. Lawrence River (Cornwall) AOCs.

Canada and Ontario will:

1. Consult with the community and seek consensus on delisting targets, remaining priority actions for delisting, monitoring needs and the status of environmental recovery in Nipigon Bay, Jackfish Bay, Wheatley Harbour and St. Lawrence River (Cornwall) AOCs; and
   
   
2. Support the Wheatley Harbour Implementation Team and St. Lawrence River Restoration Council activities to coordinate implementation projects and develop mechanisms to sustain long-term environmental recovery and protection.

Canada will:

3. Identify opportunities, implement and fund mechanisms to enhance communication and collaboration with the Mohawk Community of Akwesasne in the St. Lawrence River (Cornwall) AOC during the implementation of priority actions for delisting, environmental monitoring, and reporting, and will identify mechanisms to sustain long-term environmental recovery and protection.
   

Result 1.6 - Environmental monitoring and reporting to document improvements and track environmental recovery.

Canada and Ontario will:

1. Finalize and implement monitoring plans to confirm status of beneficial use impairments in the Nipigon Bay and St. Lawrence River (Cornwall) AOCs;
   
   
2. Continue to implement the Cornwall Sediment Strategy long-term monitoring plan in the St. Lawrence River (Cornwall) AOC;
   
   
3. Develop and implement a long-term monitoring plan as part of the sediment management strategy for Wheatley Harbour;
   
   
4. Develop and implement Area in Recovery long-term monitoring plans for Wheatley Harbour and Jackfish Bay AOCs; and
   
   
5. Complete status reports (Stage 3 or Area in Recovery) for Nipigon Bay, Jackfish Bay, Wheatley Harbour and St. Lawrence River (Cornwall) AOCs and formally transmit reports to the International Joint Commission.
   

Goal 2: Make significant progress towards Remedial Action Plan (RAP) implementation, environmental recovery and restoration of beneficial uses in the remaining eleven AOCs.

Progress in the remaining eleven AOCs has been significant and many actions have been implemented to address sources of pollutants and restore fish and wildlife habitat. However, contaminated sediment and municipal wastewater continue to be key challenges and Canada and Ontario will continue to identify these issues as priorities for achieving goals to restore all of the Great Lakes Areas of Concern.

Result 2.1 - Reduced nutrients, microbial and other contaminants from municipal sewage treatment plants, combined sewer overflows, urban stormwater and industrial wastewater towards delisting targets in St. Marys River, St. Clair River, Detroit River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs.

Canada and Ontario will:

1. Agree that investments that support the delisting of Areas of Concern and improve the water quality of the Great Lakes will continue to be among the priorities for their infrastructure funding programs;
   
   
2. Continue to track progress as municipalities in Thunder Bay, St. Marys, and Detroit River AOCs upgrade their primary sewage treatment plants to secondary treatment standards;
   
   
3. Continue to identify and promote implementation of the priority actions related to sewage treatment plant upgrades in Niagara River, Hamilton Harbour and Bay of Quinte AOCs;
   
   
4. Continue to identify and promote implementation of the priority actions to address combined sewer overflows in St. Clair River, Detroit River, Hamilton Harbour, Toronto and Region, and Niagara River AOCs;
   
   
5. Continue to identify and promote implementation of the priority actions to address urban stormwater in St. Marys River, St. Clair River, Detroit River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs;
   
   
6. Track decommissioning of industrial facilities in the Detroit and St. Clair AOCs to ensure RAP delisting targets are met; and
   
   
7. Continue to provide technical and/or financial assistance to municipalities to:
   
   
   • Research, develop and demonstrate potentially cost-effective approaches and technologies such as:
     
     
     • City of Hamilton pilot evaluation of membrane technology for its main waste water treatment plant,
     • high rate combined sewer overflow treatment for Niagara River, Toronto and Region, and Detroit River AOCs,
     • stormwater treatment technology evaluation for St. Clair River, Detroit River, Niagara River, Toronto and Region, and Bay of Quinte AOCs,
       
       
   • Conduct/update combined sewer overflow and stormwater pollution prevention and control planning studies for Bay of Quinte, Niagara River, St. Clair River and Hamilton Harbour AOCs, and
     
     
   • Conduct pre-implementation studies, such as environmental study reports, sustainable asset management, environmental management plans, and integrated watershed management plans to prepare municipalities to address infrastructure funding requirements in Detroit River, St. Clair River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs.

Ontario will:

8. Apply regulatory measures as appropriate to reduce the quantity and improve the quality of municipal and industrial wastewater in AOCs.

Result 2.2 - Reduced nutrient, microbial and other contaminants from rural non-point sources towards achieving RAP delisting criteria in St. Clair River, Detroit River, Niagara River, Hamilton Harbour, and Toronto and Region AOCs.

Canada and Ontario will:

1. Identify and promote rural non-point source priority actions for delisting in Detroit River, St. Clair River, Niagara River, Hamilton Harbour, and Toronto and Region AOCs by:
   
   
   • Working with local communities to collect and evaluate data and use tools such as models to determine and target priority areas for reductions to achieve delisting criteria,
     
     
   • Transferring technologies and information on beneficial management practices on farms and rural properties,
     
     
   • Providing technical advice and outreach materials to promote stewardship initiatives through education programs,
     
     
   • Assisting land-owners to access funding for projects that improve farm management practices, and
     
     
   • Providing cost-share funding for land-owner contact programs, environmental stewardship projects and beneficial management practices.
     

Result 2.3 - Progress made in developing sediment management strategies to reduce ecological and human health risk from contaminated sediments in Thunder Bay, Peninsula Harbour, St. Marys River, St. Clair River, Detroit River, Niagara River, Hamilton Harbour, Port Hope and Bay of Quinte AOCs.

Canada and Ontario will:

1. Use the Canada Ontario Agreement Contaminated Sediment Asssessment Decision-Making Framework to determine the need for contaminated sediment management strategies in the St. Clair River AOC and make progress in the development of contaminated sediment strategies if required;
   
   
2. Complete the development of contaminated sediment management strategies for the Thunder Bay, Peninsula Harbour, St. Marys River, Detroit River, Niagara River (Lyons Creek East and West sites), and Bay of Quinte AOCs;
   
   
3. Conduct additional physical, chemical and biological sediment assessments in AOCs as necessary in order to complete sediment management strategies;
   
   
4. Provide technical support and/or financial assistance for engineering design at Hamilton Harbour (Randle Reef) AOC and other AOC sites requiring sediment remediation; and
   
   
5. Undertake post project or long-term monitoring to confirm restoration in areas where sediment remediation has been completed (Thunder Bay NOWPARC site, St. Clair River Zone 1) or where natural recovery continues (Spanish Harbour AOC).

Canada will:

6. Continue to lead the planning process for the implementation of a proposed project for the cleanup of historic waste and remediation of local waste sites in the Port Hope area (including sediment in the Port Hope Harbour), and the consolidation of the material in new state-of-the-art long-term licensed waste management facilities.

Ontario will:

7. Apply regulatory measures as appropriate to advance remediation of contaminated sediment.
   

Result 2.4 - Long-term management plans being developed and priority actions for delisting being implemented for rehabilitation and protection of fish and wildlife habitats and populations in St. Marys River, St. Clair River, Detroit River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs.

Canada and Ontario will:

1. Complete the fish habitat management plan in the Bay of Quinte AOC and ensure its inclusion in municipal and regional official plans;
   
   
2. Make progress on fish and wildlife habitat protection and rehabilitation priority actions in St. Marys River, St. Clair River, Detroit River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs through collaboration and community involvement;
   
   
3. Develop and implement actions within fisheries management plans required for delisting in Toronto and Region, and Bay of Quinte AOCs and implement the existing plan in Hamilton Harbour AOC;
   
   
4. Undertake two technology transfer sessions on approaches and techniques for habitat rehabilitation with AOC community implementers.

Result 2.5 - Informed, effective collaboration amongst government, communities and individuals to prioritize and complete actions required for delisting and confirming environmental recovery in AOCs.

Canada and Ontario will:

1. Support existing local community RAP implementation groups in the St. Clair River (St. Clair River Canadian RAP Implementation Committee), Detroit River (Detroit River Cleanup Committee), Hamilton Harbour (Bay Area Implementation Team), Niagara River (Niagara RAP Coordination Agreement), Toronto and Region (Toronto RAP Team), and the Bay of Quinte (Bay of Quinte Restoration Council) AOCs;
   
   
2. Support the enhancement of local coordination in the St. Marys River and St. Clair River AOCs;
   
   
3. Lead the coordination of activities and provide information and opportunities for community engagement in Thunder Bay, Peninsula Harbour, and Spanish Harbour AOCs;
   
   
4. Provide information, opportunities and support for community input, consultation and participation on RAP projects and initiatives through education, outreach, workshops, technology transfer and funding; and
   
   
5. Publish RAP progress reports, information materials and maintain current websites.

Canada will:

6. Identify opportunities, implement and fund mechanisms to enhance communication and collaboration with the Aboriginal communities in the St. Clair River and Bay of Quinte AOCs during the development and implementation of priority actions.

Result 2.6 - Identify monitoring needs, undertake required studies and evaluate results to assess environmental recovery and support remediation strategies in AOCs.

Canada and Ontario will:

1. Review and revise delisting criteria as appropriate in Thunder Bay, Peninsula Harbour, St. Marys River, Spanish Harbour, St. Clair River, Detroit River, Toronto and Region, and Bay of Quinte AOCs;
   
   
2. Develop monitoring plans to track progress towards environmental recovery and meeting delisting targets in consultation with AOCcommunities for Thunder Bay, Peninsula Harbour, St Marys River, Spanish Harbour, St. Clair River, Detroit River, Niagara River, Toronto and Region, and Bay of Quinte AOCs;
   
   
3. Implement AOCspecific monitoring plans and report on progress towards environmental recovery and meeting delisting targets in Thunder Bay, Peninsula Harbour, Spanish Harbour, St. Marys River, Detroit River, St. Clair River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs through agency programs or by providing scientific, technical and funding support and collaborative arrangements with local organizations as required; and
   
   
4. Provide a report card on the status of beneficial use impairments in all 15 AOCs by March 31, 2010.

Canada will:

5. Monitor and report on fish and wildlife health effects in Thunder Bay, St. Marys River, St. Clair River, Niagara River, Hamilton Harbour, Toronto and Region, and Bay of Quinte AOCs.

Ontario will:

6. Monitor contaminants and report on consumption advisories in sport fish in all AOCsthrough Ontario's Guide to Eating Ontario Sport Fish.

IV Definitions

Area of Concern (AOC)

A degraded area in the Great Lakes that fails to meet the General or Specific Objectives of the Canada-United States Great Lakes Water Quality Agreement, where such failure has caused or is likely to cause impairment of beneficial use or of the area's ability to support aquatic life. Forty AOCs remain in the Great Lakes, 10 of which are wholly within Canada and 5 are shared with the United States.

Area in Recovery

An area, originally identified as an Area of Concern, where, based on community and government consensus, all scientifically feasible and economically reasonable actions have been implemented and additional time is required for the environment to recover. Canada and the United States have each recognized one Area in Recovery (Spanish Harbour, Ontario and Presqu'ile Bay, Pennsylvania).

beneficial use

The ability of living organisms (including humans) to use the Great Lakes Basin Ecosystem without adverse consequence (includes the 14 uses identified in Annex 2 of the Canada-United States Great Lakes Water Quality Agreement).

restoration of beneficial uses

Meeting locally defined delisting criteria designed to be specific, measurable, achievable, and scientifically defensible.

delisting

Removal of an AOCfrom the list of Great Lakes Areas of Concern by meeting the criteria for the restoration of beneficial uses as defined by the RAP and agreed upon by the agencies and community.

fish habitat management plan

A plan that identifies objectives and priority actions to restore, protect and sustain fish habitat.

fisheries management plan

A plan that sets objectives to restore, protect and sustain fish communities.

natural heritage strategy

A plan to protect and conserve biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems for prescribed geographic areas. Strategies can include areas that have been restored and areas with the potential to be restored to a natural state.

non point source

Diffuse sources of pollution including combined sewer overflows and urban and rural runoff.

Remedial Action Plan (RAP)

A plan describing environmental problems, their causes and remedial measures required to restore beneficial uses in the Area of Concern. RAPsmust also include a process for evaluating effectiveness and a description of monitoring plans to confirm environmental recovery.

sediment management strategy

A plan that describes the actions agreed to by agency and community representatives in an AOC to manage contaminated sediment. The development of the plan involves consideration of the results of scientific assessments, community and stakeholder consultations, social/economic factors and policy. The actions may range from "no further action" and monitoring recovery to full remediation projects.

Date modified:

2013-04-19