While Canada lags (or obstructs) meaningful progress on greenhouse gas emissions, our federal government has taken a better approach to mercury. We reported in June 2010 that a global agreement to restrict mercury emissions was under discussion. Now it's almost here.
On October 10, 2013, Environment Canada announced that it signed the Minamata Convention through the United Nations Environment Program. The negotiating committee met five times, between June 10, 2010 and January 18, 2013. The text was adopted and opened for signature at a conference held in Minamata and Kumamoto, Japan, from October 9 to 11, 2013.
Details of the convention are available in six languages. The 30 page Minamata Convention includes a ban on new mercury mines, the phase-out of existing mines, control measures for air emissions, and the international regulation of the informal sector for artisanal and small-scale gold mining.
The dangers of mercury poison became known to the world as "Minamata disease", first observed in Minamata, Japan in 1956. A local chemical factory, Chisso Corpration, released methylmercury through its waste water over a period of 66 years (1932 to 1968). Human deaths, and the deaths of cats, dogs and pigs occurred for 36 years with no response from either the company or government. As of 2004, Chisso had paid out $86 million (USD) in compensation, and in that year was finally ordered to clean up its contamination.
Ontario experienced its own Minamata disease in 1970, severely affecting two First Nation communities in Northwestern Ontario and one First Nation in Southern Ontario.
It seems a long time since then for the world to finally come together to address this problem, with the the Convention's opening preamble rightly noting the "particular vulnerabilities of Arctic ecosystems and indigenous communities because of biomagnification of mercury and contamination of traditional foods, and concern about indigenous communities more generally with respect to the effects of mercury."
Canada, with a vast Arctic ecosystem, stands to gain as a main beneficiary of this agreement. While local efforts are possible to reduce mercury, more than 95% of our mercury comes from foreign sources, mostly from US coal-burning plants.
To come into force, 50 countries have to ratify, accept, approve or accede to the agreement, and 90 days thereafter the Convention will come into force. While Canada is now a signatory, it is not yet a party, meaning it has not ratified, accepted or approved or acceded to the Convention. Indeed, 93 countries have signed it, most in October, but only the United States is a party, having ratified as of June 11, 2013. Signatories obligations are "not to defeat the object and purpose of the treaty". Parties are legally bound by the treaty and agree to be all the obligations, subject to "legitimate reservations, understandings, and declarations."
In Canada, after signature, ratification will occur when Cabinet passes an Order in Council authorizing the Minister of Foreign Affairs to sign an Instrument of Ratification or Accession. Canada cannot ratify the agreement until it has been incorporated into domestic law; it is possible that domestic law is already in compliance in some cases and so ratification need not wait for implementing legislation. The Department of Justice will do a review to determine what is required.
In either case, we may have a few years left to go before the Convention has the force of law on an international scale. Coal-burning is a major source of mercury, and countries that burn a lot of coal may be reluctant to ratify. But it is encouraging to finally see some action on this powerful poison, and to see Canada at the environmental table. Now, Mr. Harper, when will you ratify the convention?
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