Border Matters: U.S. and Canada

By U.S. Sen. Susan Collins
(R-Maine)
    The United States and Canada have a long history of cooperation on matters ranging from defense and national security to environmental protection and trade. This relationship is especially important in Maine, where our Atlantic Canada neighbors often are co-workers, colleagues, friends and family.
    In most cases, the border we share is an avenue to friendship and commerce. On occasion, unfortunately, it can be a barrier to understanding and progress. It is essential that those barriers be removed whenever possible.
    I recently met with President Obama’s nominee to be our next ambassador to Canada, David Jacobson, who currently serves as a Special Assistant to the President at the White House. He is a lawyer with extensive experience in commercial, securities, insurance, and business law. I used our meeting as an opportunity to discuss several contentious issues with Canada that must be resolved.
    Chief among them is the development of a Liquefied Natural Gas terminal here in Maine. There currently are two proposed LNG projects for Washington County, both of which would use the Canadian waters of Head Harbour Passage. Canada, however, denies that LNG tankers have the right of innocent passage through these waters. I asked the U.S. State Department to clarify this issue, and it confirmed that all commercial vessels enjoy a non-suspendable right of innocent passage into and out of Passamaquoddy Bay through Head Harbor Passage.
    Besides disputing established international law, the Canadian government has attempted to block these projects by refusing to cooperate in any regulatory reviews, citing environmental and safety concerns. These objections come despite the strong support Canadian federal and provincial governments gave to a new major LNG terminal in Saint John, New Brunswick.
    I was able to tell Mr. Jacobson of a potentially helpful breakthrough we have made in this impasse. In May, I was one of 10 members of Congress to serve as a delegate to the 50th annual Canada-U.S. Interparliamentary Group legislators’ conference in Charlevoix, Quebec. The purpose of this conference was to bring members of the U.S. Congress and the Canadian Parliament together to identify possible solutions to issues of concern to both countries, such as energy, environmental, economic, border, and national and homeland security.
    After a great deal of hard work, vigorous debate, and tough negotiations, the conference passed a resolution I offered that calls upon both countries to participate in good faith and expeditiously in regulatory reviews of proposed facilities in their ports. I initially faced strong opposition from some Canadian delegates but eventually prevailed. The State of Maine should be able to count on Canada’s good faith participation in the assessment of any port development proposals that could help meet New England’s energy needs and create jobs in Washington County. In turn, our Canadian neighbors should be able to count on America’s good faith participation regarding Canadian projects. Although the resolution approved by the conference was not binding on the Canadian government, it won the strong support of the conference. The Canadians who supported the resolution understood that cooperation is a two-way street. I urged Mr. Jacobson to use this resolution to seek the full cooperation of the Canadian Government for the necessary studies of the LNG proposals.
    Another issue I discussed with Mr. Jacobson that continues to vex our relationship with Canada is softwood lumber. This February, the London Court of International Arbitration ruled that Canada had breached the Softwood Lumber Agreement and imposed a fine of $68.26 million. In April, the U.S. Trade Representative found that Canada was flouting the Court’s ruling and imposed a stiff tariff on softwood imports from Canada.
    This cycle of litigation, fines, and retaliatory tariffs must be broken. Maine’s softwood lumber producers have been hard hit by the global economic recessions and the devastated housing market. Ensuring that Maine’s mills stay competitive is essential to the well-being of the communities they support. I emphasized to Mr. Jacobson that it is critical that Canada adhere to the terms of the Softwood Lumber Agreement and cease saturating the U.S. market with subsidized lumber. The Softwood Lumber Agreement represents important progress in the overall trade relationship between the U.S. and Canada, and it is critical that this framework be upheld.
    The third issue I raised with Mr. Jacobson concerns the border itself. The Canadian government can make it easier for its citizens to obtain documents that comply with U.S. law by encouraging more provinces to issue Enhanced Drivers’ Licenses. Currently, four Canadian provinces issue these low-cost options to the traditional passport, but not New Brunswick or Nova Scotia. I urged Mr. Jacobson to encourage the Canadian government to facilitate the use of enhanced licenses, which would benefit both U.S. businesses and Canadian citizens. The 2008 Canada-U.S. Inter-Parliamentary Group passed a resolution declaring that enhanced licenses should be allowed for air travel between the two countries. I pointed out to him that I am a cosponsor of a bill that would implement that recommendation.
    In addition, we discussed the importance of cooperation between U.S. and Canadian authorities on border security. Based on my experience as a leader of the Senate Homeland Security Committee, I discussed with Mr. Jacobson the need for intelligence sharing and collaboration by law-enforcement agencies on both sides of the border to enhance security without impeding the flow of legitimate trade and travel.
    Canada and the U.S. have much in common, including the challenges we both face during this time of economic recession. These challenges are especially great in Maine and Atlantic Canada. We will be far more successful in meeting these challenges working together as friends.