47. Who initiated the opening of the Treaty for negotiation, Canada or the U.S.?
Answer from the B.C. Columbia River Treaty Team: The Canada and United States governments jointly decided to enter into negotiations to modernize the Treaty in May 2018. This decision came after frequent communication between Global Affairs Canada, the Province of B.C. and the U.S. Department of State to ensure both countries were in a position to begin negotiating.
48. Why are the Treaty negotiations confidential?
Why are negotiations classified?
Answer from the B.C. Columbia River Treaty Team: Details of negotiations are kept confidential because sharing specifics could compromise either country’s negotiating positions. From the Canadian negotiating team’s perspective, it could affect their ability to secure a modernized Treaty that represents the interests of B.C., Columbia Basin Indigenous Nations and residents. Confidentiality also assists both sides in freely exploring options for modernizing the Treaty, some of which are pursued, some of which are not.
However, there is information about the negotiations that can and is being shared to ensure people in the Basin are kept up to date and understand what is being discussed. The Province of B.C. Columbia River Treaty Team has been engaging with Indigenous Nations, local governments, and residents since 2012 to learn what Treaty-related issues matter to them. The B.C. Treaty team connects with people through in-person and virtual public meetings, social media, emails, phone calls, and letters. Members of the Canadian negotiating team, including Canada’s Lead Negotiator and representatives from the Province of B.C. and Basin Indigenous Nations, attend the public meetings to share updates, answer questions and hear from residents firsthand.
In addition, there are two committees the Canadian negotiating team updates after each round of negotiations – the
Columbia River Treaty Local Governments Committee and the
Columbia Basin Regional Advisory Committee. These groups consist of members from across the Basin and are providing suggestions and advice on what an improved Treaty could look like.
Recordings of virtual sessions and reports from past community engagement meetings are available on the Province of B.C. website. The latest news about negotiations is also shared regularly through the
B.C. Columbia River Treaty website,
Facebook,
Twitter/X,
newsletters and media releases.
Before any agreement on a modernized Columbia River Treaty is finalized, the Province will return to the Basin to explain what is being proposed and seek feedback, so residents can see how their input is reflected.
49. If there are not elected officials on the board, why would resident input be of any value?
Answer from the B.C. Columbia River Treaty Team: While there are no elected officials at the Columbia River Treaty negotiating table, the Provincial Government has committed to making sure Basin Indigenous Nations and residents’ interests are reflected in a modernized Treaty. This commitment was made by the Liberal government in 2011 and re-confirmed by the NDP government when they took office in 2017. Global Affairs Canada, as the lead for international treaties, has supported this commitment. As such, Basin Indigenous Nations and resident interests have directly informed what the Canadian negotiation delegation is seeking in its negotiations with the U.S. to modernize the Treaty.
The Province of B.C. Columbia River Treaty team has been engaging with Indigenous Nations, local governments and residents since 2012 to learn what changes they would like to see in a modernized Treaty. The B.C. Treaty team connects with people through in-person and virtual public meetings, social media, emails, phone calls, and letters. Members of the Canadian negotiating team, including Canada’s Lead Negotiator and representatives from the Province of B.C. and Basin Indigenous Nations, attend the public meetings to share updates, answer questions and hear from residents firsthand. The B.C. Treaty Team has also received regular input from the
Columbia River Treaty Local Governments Committee and the
Columbia Basin Regional Advisory Committee – two groups with representatives from impacted areas across the Basin. Recordings of virtual sessions and reports from past community engagement meetings are available on the
Province of B.C. website.
Input received through this process has been guiding the Canadian negotiation delegation’s efforts to ensure a modernized Treaty: supports ecosystem health, salmon restoration, Indigenous cultural values, and social and economic interests; is able to adapt to future unknowns, like the effects of climate change; and continues to protect communities from damaging floods and enable generation of clean hydroelectricity. Before any agreement is finalized, the Province will return to the Basin to explain what is being proposed and seek feedback.
50. But Minister Conroy has stated that she has no power to affect negotiations?
Answer from the B.C. Columbia River Treaty Team: While Minister Conroy is not at the negotiating table, she is responsible for ensuring that B.C.’s interests are represented as part of the negotiations. The Minister is briefed regularly on the progress of negotiations by the B.C. Treaty Team and provides feedback and advice. She is also in frequent contact with federal and First Nations leaders to discuss what needs to change. She will lead the review of any agreement-in-principle at the provincial Cabinet table.
51. Once the Treaty is signed, how long for ratification?
Answer from the B.C. Columbia River Treaty Team: The timeline is to be determined. Once an agreement-in-principle for a modernized Treaty is reached at the negotiating table, there are different processes in both countries that will take place. In B.C., this includes engaging with Basin Indigenous Nations, local governments and residents to explain what the agreement-in-principle includes and seek feedback. Legal drafting of Treaty text will also be underway. There are also processes that will happen within the B.C. government, as well as Canadian and U.S. federal governments. The mechanism to ratify a modernized Treaty will depend on the scope and extent of proposed changes to the current agreement. In Canada, changes to the Treaty can be approved by the executive branch of the federal government after debate in parliament.
52. Can you elaborate on the hard points in negotiations with what the U.S. wants that will hurt us the most?
Answer from the B.C. Columbia River Treaty Team: Specific negotiating points from either country cannot be shared due to negotiations confidentiality. However, what can be shared is that the U.S. is seeking certainty around flood risk management to continue to be able to rely on Canada’s help to avoid or reduce damaging floods, as has been the case for the last 60 years. The U.S. also wishes to maintain reliable predictable firm electricity generation that is amplified by Treaty power coordination. Much of the bilateral discussions involve salmon, including reintroduction of salmon into the Canadian basin.
Both countries may perceive the value of these Treaty benefits differently which is part of the ongoing negotiations.
53. What happens if our governments cannot come to reasonable terms on the Treaty? Can we be assured that the treaty will not be signed unless it is in the best interest of Canada?
How militant...what are our options... if the U.S. doesn't want to meet our demands?
Answer from the B.C. Columbia River Treaty Team: If Canada and the U.S cannot reach agreement on a modernized Treaty, the Treaty continues in its current form, except for the Flood Risk Management provisions which expire in fall of 2024. In addition, either country can issue a 10-year termination notice.
Canada, B.C. and the Ktunaxa, Secwépemc and Syilx Okanagan Nations have been clear with the U.S. that a modernized Treaty must reduce the impacts B.C. Basin communities and ecosystems have been experiencing since the Treaty came into force. The Canadian negotiation delegation’s proposals for a modernized Treaty reflect this, and the delegation won’t support an agreement unless it leads to fewer impacts in the B.C. Basin.
54. Conversation is heard that the U.S.A. wants to eliminate Canadian entitlement. If so, what is Canada’s alternative to make up this revenue/power shortfall?
Answer from the B.C. Columbia River Treaty Team: The U.S. is seeking to “rebalance” the Canadian Entitlement at the negotiation table and Canada is seeking a fair and equitable share of the Treaty benefits, including the Canadian Entitlement. Further details of the negotiations are confidential until an agreement-in-principle is reached, which will be shared with Basin residents.
55. Once a Treaty is in place how can we change it after? Isn't it the time to make changes before the Treaty is reached?
Answer from the B.C. Columbia River Treaty Team: The Treaty can be changed at any time as long as there is mutual agreement between countries. In addition, the Canadian negotiating team is seeking to incorporate adaptive management into a modernized Treaty, allowing both countries to adjust to new information and future unknowns, such as the effects of climate change (including droughts and floods), evolving Indigenous and scientific knowledge, and technological advancements.
Further to this, B.C. is seeking greater flexibility in order to be able to make changes in the Canadian portion of the Columbia Basin even once a modernized Treaty is in place.
56. What are the consequences if Canada or U.S. decided to break the Treaty? How long does it take for that to happen?
Answer from the B.C. Columbia River Treaty Team: Each country is required under international law to meet its requirements under the Treaty. Either country can terminate the Treaty with 10 years notice if it does not wish to continue.
57. Dear heart, you’ve been talking for 10 years, negotiating for 5 years and here we sit. Could we get someone to the table capable of actually addressing the issues we face? Flood control, here’s hoping.
Answer from the B.C. Columbia River Treaty Team: Negotiations have taken time because there are many interests to consider. Both countries are taking the time they time to improve on a 60-year-old Treaty in high need of renewal. Each delegation is negotiating hard to ensure that a modernized Treaty will satisfactorily meet both country’s interests so that it will endure. An expedited agreement may not be the best for B.C.
For the Canadian negotiation delegation, that means modernizing the Treaty to reflect the interests of Basin Indigenous Nations, local governments and residents. Through technical studies, river management modelling, partnership with Indigenous Nations, and engagement with Basin local governments and residents, the delegation is exploring how a modernized Treaty can support ecosystem health, salmon restoration, Indigenous cultural values, and social and economic interests, while continuing to protect communities from damaging floods and enable generation of clean hydroelectricity to power homes and businesses. Before any agreement is finalized, the Province of B.C. Treaty team will engage with the people of the Basin to explain what is being proposed and seek feedback.
58. Who decided that the Treaty cannot be cancelled? At many meetings the residents asked why, and years later we still do not have an answer.
And another asked what if the U.S does not to play ball and when you say can't change immediately, do you mean this round for 2024, or another 25 years?
Answer from the B.C. Columbia River Treaty Team: If Canada and the U.S cannot reach agreement on a modernized Treaty, the Treaty continues in its present for except for the Flood Risk Management provisions which expire in fall 2024. Either country can terminate the Treaty at any time, with 10 years notice.
59. Why would the U.S. give up their very lucrative deal? What are you offering the U.S. to get them to give up their enviable deal?
Answer from the B.C. Columbia River Treaty Team: Though the details of negotiations are confidential, what can be shared is that both countries currently see value in modernizing the Treaty, which is why negotiations are underway instead of letting the Treaty continue as is or terminating it. These negotiations provide an opportunity for both countries to update the Treaty in a way that reflects the values and interests of today – to incorporate ecosystems, salmon reintroduction and adaptive management, update flood risk management and hydro power provisions, and discuss compensation that reflects a fair and equitable sharing of benefits.
Both countries may perceive the value of these Treaty benefits differently which is part of the ongoing negotiations.
60. Thank-you for your individual presentations. When and where will the next formal round of CRT negotiations take place?
Answer from the B.C. Columbia River Treaty Team: The next round of negotiations has not been scheduled. The Canadian and U.S. teams are holding virtual intersessional meetings to work through outstanding issues.
61. How concerned is the current negotiating committee with the potential return of a Republican-led government in 2024 that may discount climate change or only be looking for 'the best deal' for the U.S.A.?
Answer from the B.C. Columbia River Treaty Team: Canada is negotiating with the current U.S. administration. The course of negotiations to modernize the Treaty have not changed throughout the last three U.S. administrations.
62. Are you able to convey to the audience some of the concerns your American counterparts have?
Answer from the B.C. Columbia River Treaty Team: While the details of negotiations are confidential, what can be shared is that the U.S. is seeking certainty around flood risk management to continue to be able to rely on Canada’s help to avoid or reduce damaging floods, as has been the case for the last 60 years. The reliable or “assured” flood control provision changes in September 2024 to a more ad hoc called upon approach, which would require the U.S. to draft their reservoirs deeper before calling on Canada for additional storage.
The U.S. is also wanting to maintain reliable predictable firm electricity generation that is amplified by Treaty power coordination. Both countries are also looking to collaborate on Columbia salmon populations, including the return of salmon in the Canadian Columbia Basin.
Both countries may perceive the value of these Treaty benefits differently which is certainly part of the ongoing negotiations.
63. Once an agreement in principle is reached, will it then go to the politicians for debate/approval?
Answer from the B.C. Columbia River Treaty Team: Once an agreement-in-principle for a modernized Treaty is reached at the negotiating table, there are different processes in both countries that will take place. In B.C., this includes engaging with Basin Indigenous Nations, local governments and residents to explain what the agreement-in-principle includes and seek feedback. Legal drafting of Treaty text will also be underway. There are also processes that will happen within the B.C. government, as well as Canadian and U.S. federal governments. The mechanism to ratify a modernized Treaty will depend on the scope and extent of proposed changes to the current agreement. In Canada, changes to the Treaty can be approved by the executive branch of the federal government after debate in parliament.
64. You have been negotiating for years with no information on issues or results! Is there a list of issues, have ANY of them been solved, and if they have what are the results?
Answer from the B.C. Columbia River Treaty Team: The Province of B.C. has been providing public updates since negotiations began, through media releases, the
B.C. Treaty website,
Facebook,
Twitter/X and
newsletter. Updates have also been provided through virtual and in person public meetings. The
Columbia River Treaty Local Governments Committee and the
Columbia Basin Regional Advisory Committee receive updates after each round of negotiations.
The main issues being discussed as part of Canada-U.S. negotiations to modernize the Treaty are outlined in B.C.’s media releases: modernizing the Treaty to include considerations for ecosystems, salmon restoration, power generation, flood risk management, increased flexibility for Canadian Treaty dam operations, which will enable B.C. to adjust operations to support ecosystems, Indigenous cultural values and socio-economic interests like recreation and tourism in B.C., and increased coordination of Libby dam operations.
While Canada and the U.S. are getting closer to agreement on many issues, the Canadian negotiating team has maintained that there is no agreement unless everything is agreed to. This is what they are working towards and will share with Basin residents once a draft agreement-in-principle is reached.
65. Is there a posted location where we can view updates with Treaty negotiations? Transparency would be appreciated.
Answer from the B.C. Columbia River Treaty Team: The Province of B.C. issues a media release after each round of negotiations, which are posted to the
B.C. Columbia River Treaty website and shared via
Facebook and
Twitter/X.
You can also sign up to receive the
B.C. Columbia River Treaty newsletter and read past editions to learn about the process since negotiations began.
66. If a new agreement is agreed to, will it be another 60 years before it can be changed again? 10 years would be rational!
What is the projected duration of the new Treaty? 10 years?
Answer from the B.C. Columbia River Treaty Team: Those details are still being negotiated. There is recognition on both sides that a 60-year term is too long.
Canada, B.C. and the Ktunaxa, Secwépemc and Syilx Okanagan Nations are aiming to incorporate an adaptive management framework into a modernized Treaty, to help ensure the agreement is flexible and can accommodate future changes in climate, technology, environmental conditions, and Indigenous and societal objectives.
It’s also worth noting that even though the original Treaty has a minimum term of 60 years, the Treaty can be changed at any time as long as there is mutual agreement between countries.
67. When did the new talks begin?
Answer from the B.C. Columbia River Treaty Team: Negotiations between Canada and the U.S. to modernize the Columbia River Treaty began in May 2018.
68. Where are negotiations hosted?
Answer from the B.C. Columbia River Treaty Team: Canada and the U.S. take turns hosting rounds of negotiations in locations alternating between the two countries. Canada has hosted its in-person rounds in B.C. and, when possible, in the B.C. Columbia Basin. Canadian rounds have been held in Nelson, Vancouver, Victoria, ?aq’am (near Cranbrook), Kelowna, and Richmond. U.S. rounds have been held in Washington D.C., Portland, Spokane and Seattle. Several rounds were held virtually in 2020 and 2021 due to the COVID-19 pandemic. Intersessional meetings are occurring virtually for the delegations to make further progress on technical issues.
69. How often are they occurring?
Answer from the B.C. Columbia River Treaty Team: On average, official in-person negotiating rounds have been occurring every 2 – 3 months. The teams also meet between the rounds for numerous technical and virtual intersessional meetings. The frequency of these meetings has increased over the past year due to the desire to reach an agreement-in-principle on a modernized Treaty in a timely manner. There were five formal negotiating rounds in 2023 and, since the most recent round in October 2023, the teams have been holding virtual intersessional meetings to make further progress.
70. How is your group funded?
Answer from the B.C. Columbia River Treaty Team: The Government of British Columbia funds its engagement in the negotiation process. The Columbia River Treaty is the responsibility of the Minister of Finance, who is also the Minister Responsible for the Columbia River Treaty, Columbia Power Corporation and Columbia Basin Trust. The funding for the Columbia River Treaty team is part of the Ministry of Finance budget and is recovered from the Canadian Entitlement.
71. Is there a timeline as to when they will be concluded with a new agreement ready for approval?
Answer from the B.C. Columbia River Treaty Team: There is no deadline for these negotiations to conclude. While the Canadian negotiating team – which includes Canada, B.C. and the Ktunaxa, Secwépemc and Syilx Okanagan Nations – is actively working with the U.S. to secure agreement on a modernized Treaty as soon as possible, they are not willing to sacrifice objectives in exchange for a quick but unbalanced Treaty. The delegation is working hard to reach an agreement that lays the groundwork for an equitable Treaty that meets the B.C. Basin’s interests as well as U.S. interests.
72. Will there be an expiration date on the new Treaty?
Answer from the B.C. Columbia River Treaty Team: The duration of a modernized Treaty is still being negotiated. Canada, B.C. and Indigenous Nations are seeking to incorporate adaptive management into a modernized Treaty, to help ensure the agreement is flexible and can accommodate future changes in climate, technology, environmental conditions, and Indigenous and societal objectives. It’s also worth noting that the Treaty can be modified at any time as long as both countries agree.
73. Negotiate with the best interests of this valley at the top of the list. Don’t let greed and ignorance produce a disaster again. Don’t sign a 60 year treaty, take baby steps and get it right this time.
Answer from the B.C. Columbia River Treaty Team: Canada, B.C. and indigenous Nations are committed to negotiating an improved Treaty that supports the Basin’s Indigenous and public communities and ecosystems, now and into the future. There are many interests to consider, and the Canadian negotiation delegation is taking the time to get it right.
The duration of a modernized Treaty is still being negotiated. Canada, B.C. and Indigenous Nations are seeking to incorporate adaptive management into a modernized Treaty, to help ensure the agreement is flexible and can accommodate future changes in climate, technology, environmental conditions, and Indigenous and societal objectives. It’s also worth noting that the Treaty can be modified at any time as long as both countries agree.
74. It would be appreciated to know the actual Treaty negotiations status, and what can be anticipated.
Answer from the B.C. Columbia River Treaty Team: Negotiating teams have made significant progress towards an agreement-in-principle for a modernized Treaty. The last round of negotiations was held in Portland Oregon on October 12 – 13, 2023 where the teams made progress on operational and other issues. While there is not currently another in-person negotiating round scheduled, both teams are meeting virtually for intersessional meetings to work through outstanding issues.
Once an agreement-in-principle is reached B.C. will engage with people in the Basin to explain what is being proposed and seek feedback.
75. The lack of ability to put any timeframe to the conclusion of negotiations just makes it appear as though there is no incentive to complete the negotiations, and that they are likely to go on for years to come.
Answer from the B.C. Columbia River Treaty Team: There are incentives for both countries to reach an agreement in a timely manner. Key pressures in the U.S. include the flood risk management provisions that are changing in September 2024. For Canada, we want to reach an agreement the reduces the impacts to B.C. Basin residents, ecosystems and economies. Both countries want to address environmental considerations, including salmon.
From the Canadian negotiating team’s perspective, a modernized Treaty needs to meet the needs of the B.C. Basin and will take the time to get it right. However, much progress has been made and both negotiating teams are working hard towards an agreement-in-principle.
76. What is the timeframe of the Non-Treaty Storage Agreement, and how does that water factor into both adaptive management and unilateral flexibility?
Answer from BC Hydro: The NTSA agreement expires in 2024. Operations under the NTSA must be mutually agreed to by Canada and the U.S. It is a mechanism to modify the Treaty flows for improved power and non-power operations if it is mutually beneficial to both parties.