Report of Joint Board of Engineers (Reconvened)
on Improvement of the International Section of the St.
Lawrence River2
1. A joint board of engineers, consisting of 6 members, 3
representing the United States and 3 representing Canada, was set up
by order of the United States War Department, dated April 2, 1924,
and by order-in-council of the Canadian Government, dated May 7,
1924.3 This joint board was asked to review a
previous report on the St. Lawrence Deep
Waterway made by Col. W. P. Wooten,
representing the United States, and the late W. A.
Bowden, representing Canada.4 This board was also asked to extend its inquiries
to certain additional matters relevant to proposals made by the
international joint commission in a report dated December 19,
1921,5 under instructions from both Governments.
2. That joint board, under date of November 16, 1926, presented a
comprehensive report on the matters referred to it. The report was
later accompanied by appendixes A to G, inclusive, and was printed
in both countries.6
3. The membership of the United States section at that time consisted
of the late Lieut. Gen. Edgar Jadwin, then
Chief of Engineers, Col. William Kelly, Corps
of Engineers, and Brig. Gen. G. B. Pillsbury,
then colonel, Corps of Engineers.
4. The membership of the Canadian section consisted of Duncan W. McLachlan, of the
Department of Railways and Canals, Dr. Olivier O. Lefebvre,
[Page 64]
chief engineer of the Quebec Streams
Commission, and Brig. Gen. Charles H.
Mitchell, C. B., C. M.
G., dean of the faculty of applied science,
University of Toronto.
5. On January 23, 1930, the United States section of the joint board
was reconstituted with Col. Harley B.
Ferguson, Corps of Engineers, as chairman, and Col.
E. M. Markham, and
Col. G. B. Pillsbury, as members. On June
26, 1930, Maj. Eugene Reybold
was detailed to replace Colonel Pillsbury.
The personnel of the Canadian section has not changed since
appointment in 1924.
6. In December, 1931, the present joint board was instructed to meet
and report a mutually satisfactory plan for the improvement of the
international rapids section and to consider any other matters
requiring attention. Since receipt of these instructions, six
meetings have been held, and the questions to be dealt with have
been given much consideration.
7. In March, 1932, the board was instructed to reach an agreement on
a plan for early execution that would provide effectively for
navigation and power requirements and at the same time recognize the
special national interests in the lower St.
Lawrence River to which attention has been
called in previous discussions.
International Rapids
Section
8. The board has studied the international rapids section, utilizing
the great mass of data accumulated by previous boards and other
agencies. Since the report of the joint board in 1926 much
additional data regarding rock surfaces in the international rapids
section have been obtained.
9. The Department of Railways and Canals of Canada secured a total of
about 100 borings, between 1928 and 1932, at Galop Rapids, at Ogden
Island, at Crysler Island, and generally over the area between the
head of Barnhart Island and the foot of Cornwall Island. In 1930 an
engineering board appointed by the State of New York made 12 borings
to rock near Massena Point. The records of over 1,000 borings in the
international rapids section are now available. These records and
investigations have enabled progress to be made which would
otherwise not be possible.
10. In the present report it is deemed best to adopt the standards
and unit prices set up in the joint board report of 1926 rather than
introduce new unit prices for present-day construction costs. In
this way schemes herein discussed may be compared with others which
have been described in the 1926 report.
[Page 65]
11. A review of governmental and other reports for the improvement of
the international rapids section shows that the improvement desired
can be secured in a variety of ways.
12. If improvement for navigation alone were desired, it could best
be secured by a side canal between the head of Galop Rapids and the
foot of Ogden Island, a pool between Ogden Island and a dam at the
Long Sault Rapids, and a side canal from this pool to the river
below Massena Point. This form of development would be economical as
regards navigation, but would have no valuable power
possibilities.
13. If a dam with short side canal and lock at Ogden Island, together
with channel enlargement above, be substituted for the side canal
between Galop Rapids and the foot of Ogden Island, then there is
produced a double pool, or stage, project which conserves great
power values. However, the area of high rock surface at Ogden Island
is restricted, the river is narrow, and the character of channels
below makes it impossible to concentrate at this point a usable
winter head of more than about 12 feet. This head is lower than
desirable on a river of the size of the St.
Lawrence. The head concentration at an
upper dam in such a project can be increased, however, by locating
the structures at Crysler Island (about 7 miles downstream from
Ogden Island) where rock surface elevations are favorable.
If desired, the head at the upper dam could be reduced to small
dimensions and the head at Barnhart Island increased to
approximately the total fall of the section. Under such a plan,
however, difficulty arises with regard to the elevation to be
adopted for the lower pool and the head to be left at the upper or
control dam. If this head be substantial, the loss of power would be
considerable; if this head be small, the control of flow becomes
problematical and flooding below becomes extensive.
Project for a 2-Stage
Development
14. A 2-stage plan with upper dam at Crysler Island is mentioned in
the report of Col. W. P. Wooten, and the late
W. A. Bowden to the international joint
commission in 1921.7 A similar project is described in the
1926 report of the Joint Board of Engineers. Such a project was
recommended in 1929 in the report of the conference of the Canadian
section of this board and engineers representing the Province of
Ontario.8
15. Description.—The Crysler Island 2–stage
plan is designed to
[Page 66]
provide
adequately for power and a depth of 27 feet for navigation. Its main
features are as follows:
- (a)
- A dam at Crysler Island with two power houses, one on
either side of the international boundary.
- (b)
- A dam at Barnhart Island. Two power houses, one on either
side of the international boundary.
- (c)
- A short side canal with lock on the Canadian side at
Crysler Island, and a side canal with two locks on the
United States side opposite Barnhart Island. These works are
designed to carry deepwater navigation past the proposed
power houses and dams.
- (d)
- A free open channel south of Galop Island for navigation,
together with a diversion channel through Galop Island
capable of discharge control in the interest of both
navigation and power.
- (e)
- Channel enlargement between Lotus Island and Ogden Island,
designed to provide at least 95,000 square feet of river
section at ordinary operating levels.
- (f)
- Various works designed to protect the interests of the
towns and villages affected by the proposed
improvement.
- (g)
- A lock for passing 14-foot navigation through the dam at
Crysler Island, and a similar structure near Barnhart Island
to give access to the present Cornwall Canal.
- (h)
- Provision for an additional deep water side canal and lock
on the United States side at Crysler Island and for an
additional deep water side canal with two locks on the
Canadian side opposite Barnhart Island, should the
construction of alternative navigation facilities become
desirable at a future date.
16. Under this project the proposed dam and power houses at Crysler
Island would be located on a solid rock sill which stands at
elevations ranging from 157 to 170 feet. At this locality the river
is wide enough to permit power houses, sluice gates, and a 14-foot
lock to be introduced between its banks. The international boundary
is in such position that the Canadian and United States power houses
can be placed wholly within their respective territories. Although
the plan shows the side canal and lock for deep navigation on the
Canadian side of the boundary, these works could be located on the
United States side without any material difference in estimated
costs.
17. In the case of the lower development, the main dam, 3,800 feet
long, would extend from the head of Barnhart Island to the foot of
Long Sault Island, thence across the South Sault Channel to the
United States mainland. The power house of each country would be
located on its side of the international boundary at the foot of
Barnhart Island. A connection would be provided with the Canadian
mainland near Mille Roches, thus making Bergen Lake part of the
headrace. The plan proposes the side canal and two locks for deep
navigation on the United States side of the boundary. This side
canal with locks could be located on the Canadian side at an
estimated additional cost of $4,500,000.
[Page 67]
18. The average head ultimately available at Crysler Island, with the
upper pool at elevation 241-245 and the lower pool at elevation 217
at Barnhart Island, is estimated to be 24.2 feet in summer and 19.6
feet in winter. The installed capacity for purposes of estimate is
taken at 592,960 horsepower.
The average head available at Barnhart Island from pool elevation 217
is 60.4 feet in summer and 56.4 feet in winter. The installed
capacity for purposes of estimate is taken at 1,607,000
horsepower.
19. The installed capacities adopted are in excess of the 24-hour
power that can be produced at low-water flow and are not to be
construed as indicating continuous power possibilities.
20. Rehabilitation work.—The construction of
the work proposed at Crysler Island will raise water levels opposite
the village of Iroquois and the town of Morrisburg, to elevations
varying from 241 to 245. This will inundate the easterly part of
Morrisburg and almost all of Iroquois. Adequate provision has been
made for the rehabilitation of these communities in the estimates
appended.
21. No unusual or extensive rehabilitation is required on the United
States side of the river.
22. Feasibility and estimated cost of the
project.—The joint board is of the unanimous opinion that
the 2-stage plan above defined is practicable and feasible from an
engineering point of view; that there is no question as to the
safety of the works proposed; and that navigation requirements and
power recovery are provided for adequately.
23. The estimated cost of the project is $274,742,000. Its main
features are shown on Plates 1 to 6; detail estimates are given in
Appendix 1. The project will be referred to as project C-217.
Estimates are based on prices of 1926. On the basis of presentday
prices, they would be substantially reduced. Actual costs will
depend largely upon conditions at the time of construction.
General
24. In proceeding with the improvement of the international rapids
section it should be recognized that, subject to mutual agreement,
considerable latitude should be allowed the authority responsible
for the construction of the works as regards the location of the
structures and such other modifications of layout as may be
advantageous. Similarly, latitude should also be allowed in fixing
the level of the pool above the lower dam.
25. Any increase in the supply of water to the Great Lakes, or any
decrease in diversions therefrom, must be taken into account in
channel enlargement and in rules for regulation.
[Page 68]
The control of the flow of water out of Lake Ontario into the St.
Lawrence River and the regulation of the
flow of water through the international section of the St.
Lawrence River should be such as not
injuriously to interfere with or lessen the navigable depths of
water for shipping in the harbor of Montreal and throughout the
navigable channel of the St. Lawrence River
below Montreal, as such depths now exist or may hereafter be
increased by dredging or other harbor or channel improvements.
Thousand Island Section
26. The report of 1926 proposed a series of excavations for the
improvement of the Thousand Island section at a number of separated
shoals between Clayton and Brockville. These excavations were
designed to provide a through channel not less than 450 feet wide
between Lake Ontario and Chimney Point.
27. All work proposed east of Oak Point was in Canadian territory and
practically all work west of that point in United States
territory.
28. Reports of advisory committees subsequent to the publication of
the joint board report, in both the United States and Canada,
recommended a depth of 27 feet for this section of the St.
Lawrence project.
29. In 1929 the Canadian Government undertook the excavation of
channels east of Oak Point and also the removal of Haskell Shoal. In
1930 the United States Government undertook the excavation of
channels west of Oak Point.
30. The work undertaken by Canada is designed to give a through
channel, not less than 500 feet wide and 27 feet deep, and follows
in almost all respects the alignment recommended in the 1926 joint
board report. Its estimated cost is $471,000. The work undertaken by
the United States is designed to give a channel not less than 450
feet wide and 27 feet deep at an estimated cost of $550,000. These
works will provide an adequate deep waterway throughout the
section.
The works described in the Thousand Island section, between Prescott
and Clayton, are shown on plate 7. This is in general accordance
with the works shown on plates 10 to 16, inclusive, in Appendix C of
the report of November 16, 1926.
Construction Program
31. Construction work in connection with project C-217 on the
international rapids section, requires the placing of 4,074,000
cubic
[Page 69]
yards of concrete and
the excavation of about 5,000,000 cubic yards of solid rock and
90,000,000 cubic yards of earth and other material. There is much
preparatory and related work to be done in the construction of dams,
locks, power houses and in the unwatering of sites.
32. Seven years is considered a reasonable construction period.
Unforeseen conditions might require a longer period. Latitude in the
matter of preparing a program should be vested in the authority in
charge of construction.
| United States section: |
H. B.
Ferguson
Colonel, Corps of Engineers |
|
Edward
M. Markham
Colonel, Corps of Engineers |
|
Eugene
Reybold
Major,
Corps of Engineers |
| Canadian section: |
D. W.
McLachlan |
|
O.
Lefebvre |
|
C. H.
Mitchell |
Montreal
, April
9, 1932.
Unperfected Treaty Between the United States
of America and Canada Relating to the Great Lakes–St.
Lawrence Deep Waterway, Signed at
Washington, July 18, 19329
The President of the United States of America and His Majesty the
King of Great Britain, Ireland and the British dominions beyond
the Seas, Emperor of India, in respect of the Dominion of
Canada,
Recognizing that the construction of a deep waterway, not less
than twenty-seven feet in depth, for navigation from the
interior of the Continent of North America through the Great
Lakes and the St. Lawrence River to the
sea, with the development of the waterpower incidental thereto,
would result in marked and enduring benefits to the
agricultural, manufacturing and commercial interests of both
countries, and
Considering further that the project has been studied and found
feasible by the International Joint Commission, the Joint Board
of Engineers, and by national advisory boards, and
Recognizing the desirability of effecting a permanent settlement
of the questions raised by the diversion of waters from or into
the Great Lakes System, and
[Page 70]
Considering that important sections of the waterway have already
been constructed, and
Taking note of the declaration of the Government of Canada of its
intention to provide, not later than the date of the completion
of the deep waterway in the international section of the St.
Lawrence River, for the completion of
the New Welland Ship Canal, and of canals in the Soulanges and
Lachine areas of the Canadian section of the St.
Lawrence River which will provide
essential links in the deep waterway to the sea, and
Taking note of the declaration of the Government of the United
States of its intention to provide, not later than the date of
the completion of the deep waterway in the international section
of the St. Lawrence River, for the
completion of the works in the Great Lakes System above Lake
Erie which will provide essential links in the deep waterway to
the sea,
Have decided to conclude a Treaty for the purpose of ensuring the
completion of the St. Lawrence Waterway
project, and for the other purposes aforesaid, and to that end
have named as their respective plenipotentiaries:
The President of the United States of America:
Henry L. Stimson,
Secretary of State of the United States of America;
His Majesty the King of Great Britain, Ireland and the British
dominions beyond the Seas, Emperor of India, for the Dominion of
Canada:
The Honorable William Duncan
Herridge, P. C.,
D. S. O., M. C.,
His Envoy Extraordinary and Minister Plenipotentiary for Canada
in the United States of America;
Who, after having communicated to each other their full powers,
found in good and due form, have agreed upon the following
Articles:
Preliminary Article
In the present Treaty, unless otherwise expressly provided, the
expression:
- (a)
- “International Joint Commission” means the commission
established pursuant to the provisions of the Boundary
Waters Treaty of 1909;10
- (b)
- “Joint Board of Engineers” means the board appointed
pursuant to an agreement between the Governments
following the recommendation of the International Joint
Commission, dated the 19th December, 1921, and the
“final report of the Joint Board of Engineers” means the
report dated the 9th April, 1932;
- (c)
- “Great Lakes System” means Lakes Superior, Michigan,
Huron, Erie and Ontario, and the connecting waters,
including Lake St. Clair;
- (d)
- “St. Lawrence River” means the
river known by that name and includes the river channels
and the lakes forming parts of the river channels from
the outlet of Lake Ontario to the sea;
- (e)
- “international boundary” means the international
boundary between the United States of America and Canada
as established by existing treaties;
- (f)
- “International Section” means that part of the St.
Lawrence River through which
the international boundary line runs and which extends
from Tibbetts Point at the outlet of Lake Ontario to the
village of St. Regis at the head of
Lake St. Francis;
- (g)
- “Canadian Section” means that part of the St.
Lawrence River which lies
wholly within Canada and which extends from the easterly
limit of the international section to the Montreal
Harbor;
- (h)
- “Thousand Islands Section” means the westerly portion
of the international section extending from Tibbetts
Point to Chimney Point;
- (i)
- “International Rapids Section” means the easterly
portion of the international section extending from
Chimney Point to the village of St.
Regis;
- (j)
- “Governments” means the Government of the United
States of America and the Government of the Dominion of
Canada;
- (k)
- “countries” means the United States of America and
Canada.
Article I
With respect to works in the International Section, Canada
agrees, in accordance with the project described in the final
report of the Joint Board of Engineers,
- (a)
- to construct, operate and maintain the works in the
Thousand Islands Section below Oak Point;
- (b)
- to construct, operate and maintain a side canal with
lock opposite Crysler Island;
- (c)
- to construct the works required for rehabilitation on
the Canadian side of the international boundary.
Article II
With respect to works in the International Section, the United
States agrees, in accordance with the project described in the
final report of the Joint Board of Engineers,
[Page 72]
- (a)
- to construct, operate and maintain the works in the
Thousand Islands Section above Oak Point;
- (b)
- to construct, operate and maintain a side canal with
locks opposite Barnhart Island;
- (c)
- to construct the works required for rehabilitation on
the United States side of the International
boundary.
Article III
The High Contracting Parties agree to establish and maintain a
temporary St. Lawrence International Rapids
Section Commission, hereinafter referred to as the Commission,
consisting of ten members, five to be appointed by each
Government, and to empower it to construct the works in the
International Rapids Section included in the project described
in the final report of the Joint Board of Engineers (not
included in the works provided for in Articles I and II hereof,
and excluding the power house superstructures, machinery and
equipment required for the development of power) with such
modifications as may be agreed upon by the Governments, out of
funds which the United States hereby undertakes to furnish as
required by the progress of the works, and subject to the
following provisions:
- (a)
- that the Commission, in accordance with the provisions
of Schedule A, attached to and made a part of this
Treaty, shall be given the powers that are necessary to
enable it to construct the assigned works;
- (b)
- that, in so far as is possible in respect to the works
to be constructed by the Commission, the parts thereof
within Canadian territory, or an equivalent proportion
of the total of the works, shall be executed by Canadian
engineers and Canadian labor and with Canadian material;
and, in so far as is possible, the remaining works shall
be executed by United States engineers and United States
labor and with United States material; and the duty of
carrying out this division shall rest with the
Commission;
- (c)
- that the Parties may arrange for construction, in
their respective territories, of such power house
superstructures, machinery and equipment as maybe
desired for the development of water power;
- (d)
- that, notwithstanding the provisions of Article IX,
the Commission shall be responsible for any damage or
injury to persons or property resulting from
construction of the works by the Commission, or from
maintenance or operation during the construction
period;
- (e)
- that, upon completion of the works provided for in
this Article, the Parties shall maintain and operate the
parts of the works situate in their respective
territories.
[Page 73]
Article IV
The High Contracting Parties agree:
- (a)
- that the quantity of water utilized during any daily
period for the production of power on either side of the
international boundary in the International Rapids
Section shall not exceed one-half of the flow of water
available for that purpose during such period;
- (b)
- that, during the construction and upon the completion
of the works provided for in Article III, the flow of
water out of Lake Ontario into the St.
Lawrence River shall be
controlled and the flow of water through the
International Section shall be regulated so that the
navigable depths of water for shipping in the Harbor of
Montreal and throughout the navigable channel of the St.
Lawrence River below Montreal,
as such depths now exist or may hereafter be increased
by dredging or other harbor or channel improvements,
shall not be lessened or otherwise injuriously
affected.
Article V
The High Contracting Parties agree that the construction of works
under the present Treaty shall not confer upon either of the
High Contracting Parties proprietary rights, or legislative,
administrative or other jurisdiction in the territory of the
other, and that the works constructed under the provisions of
this Treaty shall constitute a part of the territory of the
country in which they are situated.
Article VI
The High Contracting Parties agree that they may, within their
own respective territories, proceed at any time to construct
alternative canal and channel facilities for navigation in the
International Section or in waters connecting the Great Lakes,
and that they shall have the right to utilize for this purpose
such water as may be necessary for the operation thereof.
Article VII
The High Contracting Parties agree that the rights of navigation
accorded under the provisions of existing treaties between the
United States of America and His Majesty shall be maintained,
notwithstanding the provisions for termination contained in any
of such treaties, and declare that these treaties confer upon
the citizens or subjects and upon the ships, vessels and boats
of each High Contracting Party, rights of navigation in the St.
Lawrence River, and the Great Lakes
System, including the canals now existing or which may hereafter
be constructed.
[Page 74]
Article VIII
The High Contracting Parties, recognizing their common interest
in the preservation of the levels of the Great Lakes System,
agree:
- (a)
- 1. that the diversion of water from the Great Lakes
System, through the Chicago Drainage Canal, shall be
reduced by December 31st, 1938, to the quantity
permitted as of that date by the decree of the Supreme
Court of the United States of April 21st, 1930;11
- 2. in the event of the Government of the United States
proposing, in order to meet an emergency, an increase in
the permitted diversion of water and in the event that
the Government of Canada takes exception to the proposed
increase, the matter shall be submitted, for final
decision, to an arbitral tribunal which shall be
empowered to authorize, for such time and to such extent
as is necessary to meet such emergency, an increase in
the diversion of water beyond the limits set forth in
the preceding sub-paragraph and to stipulate such
compensatory provisions as it may deem just and
equitable; the arbitral tribunal shall consist of three
members, one to be appointed by each of the Governments,
and the third, who will be the Chairman, to be selected
by the Governments;
- (b)
- that no diversion of water, other than the diversion
referred to in paragraph (a) of
this Article, from the Great Lakes System or from the
International Section to another watershed shall
hereafter be made except by authorization of the
International Joint Commission;
- (c)
- that each Government in its own territory shall
measure the quantities of water which may at any point
be diverted from or added to the Great Lakes System, and
shall place the said measurements on record with the
other Government semi-annually;
- (d)
- that, in the event of diversions being made into the
Great Lakes System from watersheds lying wholly within
the borders of either country, the exclusive rights to
the use of waters equivalent in quantity to any waters
so diverted shall, notwithstanding the provisions of
Article IV (a), be vested in the
country diverting such waters, and the quantity of water
so diverted shall be at all times available to that
country for use for power below the point of diversion,
so long as it constitutes a part of boundary
waters;
- (e)
- that compensation works in the Niagara and St.
Clair Rivers, designed to
restore and maintain the lake levels to their natural
range, shall be undertaken at the cost of the United
States as regards compensation for the diversion through
the Chicago Drainage Canal,
[Page 75]
and at the cost of Canada as
regards the diversion for power purposes, other than
power used in the operation of the Welland Canals; the
compensation works shall be subject to adjustment and
alteration from time to time as may be necessary, and as
may be mutually agreed upon by the Governments, to meet
any changes effected in accordance with the provisions
of this Article in the water supply of the Great Lakes
System above the said works, and the cost of such
adjustment and alteration shall be borne by the Party
effecting such change in water supply.
Article IX
The High Contracting Parties agree:
- (a)
- that each Party is hereby released from responsibility
for any damage or injury to persons or property in the
territory of the other, which may be caused by any
action authorized or provided for by this Treaty;
- (b)
- that they will severally assume responsibility and
expense for the acquisition of any lands or interests in
land in their respective territories which may be
necessary to give effect to the provisions of this
Treaty.
Article X
This Treaty shall be ratified in accordance with the
constitutional methods of the High Contracting Parties. The
ratifications shall be exchanged in Washington or in Ottawa as
soon as practicable and the Treaty shall come into force on the
day of the exchange of ratifications.
In faith whereof the respective plenipotentiaries have signed
this Treaty in duplicate and have hereunto affixed their
seals.
Done at the city of
Washington
the eighteenth
day of July in the year of our Lord one thousand nine
hundred and thirty-two.
[
seal]
Henry L.
Stimson
[
seal]
W. D.
Herridge
Schedule A
st.
lawrence international rapids
section commission
- (a)
- The Commission, established under the provisions of
Article III of this Treaty, shall function solely as an
international commission established under, and controlled
by, the terms of this Treaty. It shall not be subject,
generally, to the legislative, to the executive or,
[Page 76]
except as
hereinafter provided, to the judicial authorities in either
country, but it shall be subject to this and to any
subsequent agreement.
- (b)
- The modifications referred to in Article III of this
Treaty shall be regarded as effective when confirmed by an
exchange of notes by the Governments.
- (c)
- The Commission shall have power to establish orders, rules
or by-laws, and such orders, rules or by-laws, together with
any amendments, modifications or repeals thereof, shall be
effective on confirmation by an exchange of notes by the
Governments.
- (d)
- The Governments shall be entitled to inspect the plans,
proposals or works under construction, and to inspect and
audit the books and other records of the Commission.
- (e)
- In order to enable the Commission effectively to perform
the duties imposed upon it by this Treaty, it is agreed that
the appropriate authorities in the countries will take such
action as may be necessary to confer upon the Commission the
following capacities, powers and liabilities:
- 1.
- all such specific capacities, powers and
liabilities as are reasonably ancillary to the
establishment of the Commission and the duties and
functions imposed upon it by this Treaty; the
subsequently enumerated capacities, powers and
liabilities are not intended to restrict the
generality of this clause;
- 2.
- the capacity to contract, to sue and be sued in
the name of the Commission;
- 3.
- freedom from liability for the members of the
Commission for the acts and liabilities of the
Commission and, conversely, a general responsibility
of the Commission for the acts of itself, its
employees and agents, in the same manner as if the
Commission were a body corporate, incorporated under
the laws of either of the countries;
- 4.
- the power to obtain the services of engineers,
lawyers, agents and employees generally;
- 5.
- the power to make the necessary arrangements for
Workmen’s Compensation either directly or with the
appropriate authorities or agents in either country,
so as to insure to workmen and their families rights
of compensation equivalent to those which they would
ordinarily receive in the Province of Ontario in
respect to the parts of the works within Canadian
territory, or the equivalent works as referred to in
Article 111(b) of this
Treaty, or in the State of New York in respect to
the remaining works.
- (f)
- The Commission shall be subject to the jurisdiction of the
Federal Courts of the two countries, respectively, that is
to say, in respect to all questions arising out of the part
of the works within Canadian territory or the equivalent
works, as referred to in Article III(b) of this Treaty, the Commission shall be subject
to the jurisdiction of the Exchequer Court of Canada, and,
in respect to the
[Page 77]
remaining works, to the jurisdiction of the Federal Courts
of first instance in the United States; and there shall also
be established rights of appeal, analogous to the appeals in
similar matters from the respective courts to the
appropriate tribunals in the respective countries: provided,
however, that in respect of a claim made upon the Commission
exceeding in amount the sum of fifty thousand dollars
($50,000), either of the Governments, at any time after such
claim has been tried and judgment entered in the appropriate
court of first instance herein provided for, may cause the
matter to be referred by way of appeal to an arbitral
tribunal. Such reference shall be effected by notice from
the Government invoking this proviso to the other Government
and to the Court, given within ninety days of the entry of
such judgment, and such notice shall give to the tribunal
jurisdiction over the appeal, or cause any appeal already
taken to be transferred to the tribunal. The tribunal shall
consist of three members, all of whom must hold, or have
held, high judicial office. One shall be appointed by each
Government, and the third shall be selected by the two
members so appointed; or, in the event of failure to agree,
by the Governments jointly. The tribunal so established
shall then have, in respect to such claim, exclusive final
jurisdiction and its findings shall be binding upon the
Commission.
- (g)
- In view of the need for coordination of the work
undertaken by the Commission and the development of power in
the respective countries, the Commission shall have
authority:
- 1.
- to make contracts with any agency in either
country, which may be authorized to develop power in
the International Section, for the engineering
services necessary for the designing and
construction of the power works;
- 2.
- to defer such parts of the power works as need to
be constructed in conjunction with the installation
of power house machinery and equipment, and to make
contracts with any agency in either country, which
may be authorized to develop power, for constructing
such deferred parts of the power works.
- (h)
- The remuneration, general expenses and all other expenses
of the members of the Commission shall be regulated and paid
by their respective Governments and all other expenses of
the Commission shall be defrayed out of the funds provided
under the terms of Article III of this Treaty.
- (i)
- The Governments agree:
- 1.
- to permit the entry into their respective
countries within the area immediately adjacent to
the International Section, to be delimited by an
exchange of notes by the Governments, of personnel
employed by the Commission, and to exempt such
personnel from their immigration laws and
regulations within such area;
- 2.
- to exempt from customs duties, excise or sales
taxes, or other imposts, all supplies and material
purchased by the Commission in either country for
its own use.
- (j)
- The Commission shall continue until its duties under
Article III of this Treaty have been completely performed.
The Governments may, at any time, reduce its numbers,
provided that there must remain an even number of members
with the same number appointed by each Government. Upon
completion, arrangements will be made for the termination of
the Commission and the bringing to an end of its
organization by agreement between the Governments.
