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Exchange of Notes between Canada and the United States of America, modifying the Exchange of Notes of June 30, 1952, concerning the Construction of the St. Lawrence Seaway [1954] CATSer 4 (17 August 1954)

E100408 - CTS 1954 No. 14

EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA, MODIFYING THE EXCHANGE OF NOTES OF JUNE 30, 1952, CONCERNING THE CONSTRUCTION OF THE ST. LAWRENCE SEAWAY

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The Secretary of State for External Affairs to the Chargé d’Affaires a.i. of the United States Embassy in Canada

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, August 17, 1954

No. X-214

Don C. Bliss, Esq.,
Chargé d’Affaires, a.i.,
Embassy of the United States of America,
Ottawa

Sir:

1. I have the honour to refer to the Exchange of Notes of June 30, 1952, between the Canadian Ambassador in Washington and the Acting Secretary of State of the United States, in which it was agreed that the Canadian Government would, when all arrangements had been made to ensure the completion of the power phase of the St. Lawrence Project, construct locks and canals on the Canadian side, of the International Boundary to provide for uninterrupted 27-foot navigation between Lake Erie and the Port of Montreal.

2. With the co-operation of the Government of the United States, arrangements were made to ensure the completion of the power phase of the Project by the Power Authority of the State of New York and the Hydro-Electric Power Commission of Ontario. In the meantime, the Congress of the United States enacted and the President approved on May 13, 1954, Public Law 358 which created the Saint Lawrence Seaway Development Corporation and authorized and directed it to construct 27-foot navigation works on the United States side of the international section of the St. Lawrence River.

3. At the request of the United States Government, representatives of our two governments held meetings in July and August of this year to discuss the need for modification of the Notes Exchanged on June 30, 1952, in the light of Public Law 358. Although the Canadian Government is ready and willing to complete the works necessary for 27-foot navigation in the St. Lawrence Seaway on Canadian territory, it understands the desire of the United States to participate in the Seaway Project by constructing certain navigation works on United Stateterritory. Accordingly the Canadian Government is prepared to modify the arrangements set forth in the s Notes of June 30, 1952, to the extent that the Canadian Government will be relieved of the obligation towards the United States Government to provide forthwith the navigation works in the general vicinity of Barnhart Island on Canadian territory and in the Thousand Islands section.

4. (a) The Canadian Government wishes to state, however, that it will construct forthwith a canal and lock at Iroquois and that in addition it intends, if and when it considers that parallel facilities are required to accommodate existing or potential traffic, to complete 27-foot navigation works on the Canadian side of the International Rapids Section.

(b) Before undertaking these latter works in the general vicinity of Barnhart Island, the Canadian Government agrees to consult the United States Government and understands that, should the United States Government intend to build on United States territory in the International Rapids Section navigation works in addition to those provided for in Public Law 358, it would similarly consult the Canadian Government.

5. The Canadian Government reserves the right to decide whether and in what manner it will continue 14-foot navigation works through the International Rapids Section but agrees to consult the United States Government on the question of levying tolls in connection with such works.

6. (a) It is recognized that it is of great importance to Canada and the United States that the St. Lawrence Seaway be used to the maximum extent required by the needs of commerce. It is understood therefore that both Governments will use their best endeavours to avoid placing unreasonable restrictions on the transit of passengers, shipping or trade in the international section of the St. Lawrence Seaway.

(b) It is further agreed that each Government will consult the other before it enacts any new law or promulgates any new regulation, applicable in the respective national parts of the international section of the St. Lawrence River, which might affect Canadian or United States shipping, or shipping of third-country registry proceeding to or from Canada or the United States respectively.

(c) Similarly, with respect to any laws or regulations now in force in either country which affect the shipping interests of the other country in the international section of the St. Lawrence River, the Government affected may request consultation concerning such laws or regulations and the other Government shall accede to requests for consultation.

(d) The foregoing undertakings are in addition to the treaty obligations now in force between Canada and the United States affecting shipping in the St. Lawrence River and canals, particularly Article I of the Boundary Waters Treaty of 1909.

7. I should be glad to receive your confirmation that the United States Government agrees with the modification of the Notes of June 30, 1952, proposed in paragraph 3 and with the reciprocal undertakings set forth in paragraphs 4(b) and 6 of this Note.

8. The Canadian Government looks forward to the fruitful development of this great Seaway Project in constructive and harmonious co-operation with the United States and is confident that this joint enterprise will add to the strength and prosperity of our two countries.

Accept, Sir, the renewed assurances of my highest consideration.

L. B. Pearson

Secretary of State for External Affairs

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The Chargé d’Affaires, a.i. of the United States Embassy in Canada to the Secretary of State for External Affairs

UNITED STATES EMBASSY

OTTAWA, August 17, 1954

No. 38

The Honorable Lester B. Pearson,
Secretary of State for External Affairs,
Ottawa

Sir:

I have the honor to acknowledge the receipt of your Note No. X-214 of August 17, 1954 in which you inform me that the Canadian Government agrees to certain modifications in the arrangements set forth in the Notes of our Governments of June 30, 1952, in the light of the changed circumstances with respect to the St. Lawrence Seaway Project brought about by the enactment by the Congress of the United States of Public Law 358, approved by the President on May 13, 1954.

The United States Government has called the attention of the Canadian Government to the provisions of Public Law 358 authorizing and directing the St. Lawrence Seaway Development Corporation to construct certain canals and locks on the United States side of the International Rapids Section of the St. Lawrence River as its part of the St. Lawrence Seaway Project. As the Canadian Government has been informed, it is the intention of the United States Government to participate in the St. Lawrence Seaway Project by constructing these navigational facilities.

The United States Government agrees with the requirements of consultation between the two Governments set forth in paragraphs 4(b) and 6 and agrees to relieve Canada of its obligation of June 30, 1952 as referred to in paragraph 3 of your Note No. X-214 of August 17, 1954.

My Government notes the declarations contained in your Note as to the intentions of the Canadian Government with respect to other matters relating to the St. Lawrence Seaway Project.

The United States Government wholeheartedly shares the view expressed by the Government of Canada concerning the benefits to be anticipated from this joint enterprise and welcomes this new opportunity for constructive and harmonious co-operation between our two countries.

Accept, Sir, the renewed assurances of my highest consideration.

Don C. Bliss

ANNEX

NOTES RELATING TO THE INTERPRETATION OF THE EXCHANGE OF NOTES OF AUGUST 17, 1954, CONCERNING THE CONSTRUCTION OF THE ST. LAW­RENCE SEAWAY

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The Ambassador of the United States of America to Canada to the Secretary of State for External Affairs

UNITED STATES EMBASSY

OTTAWA, November 7, 1956

No. 126

Honorable L. B. Pearson,
The Secretary of States for External Affairs,
Ottawa

Dear Sir:

I have the honor to refer to the Department of State’s aide memoire of April 21, 1956, concerning the excavations in connection with the St. Lawrence Seaway in the Cornwall Island channels, and also to discussions which have recently taken place between representatives of our two governments in which it was stated that your government had decided to dredge the channel north of Cornwall Island to a depth suitable for deep-water navigation at the same time that the seaway is dredged in the south channel.

The Government of the United States has given careful consideration to the situation which will exist if the Government of Canada proceeds to carry out its announced plan. While it believes that the proposed Canadian action is not in accord with the Agreement which this Government entered into as a result of the enactment of PL-358, 83rd Congress (2nd Session) and with the other arrangements which have been made between our two governments with respect to the St. Lawrence Seaway, the Government of the United States does not wish to delay the construction of the joint Seaway project, in which both governments are mutually interested, and consequently it is bound by events to take cognizance of the de facto situation which is created by the decision of Canada to proceed with deep-water dredging in the channel north of Cornwall Island.

In the circumstances, the Government of the United States deems it important to record that the United States reserves all its rights to protect its interests in this matter.

Livingston T. Merchant

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The Secretary of State for External Affairs to the Ambassador of the United States of America to Canada

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, December 4, 1956

No. 294

His Excellency Livingston T. Merchant,
Ambassador of the United States of America
Ottawa

Excellency:

I have the honour to refer to your Note No. 126 of November 7, 1956, and to recent consultations between representatives of our two Governments regarding excavations in the St. Lawrence River north and south of Cornwall Island.

The Canadian Government cannot accept the opinion of the United States Government that the Canadian decision to undertake twenty-seven foot excavations in the Cornwall north channel is not in accord with the Exchange of Notes of August 17, 1954, or other arrangements between the two countries. In its Note of August 17, 1954, the Canadian Government declared its intention to complete twenty-seven foot navigation works on the Canadian side of the International Rapids Section, if and when it considered, after consulting your Government, that parallel facilities were required. The Canadian Government does not propose to complete parallel navigation facilities at Cornwall at an early date. However, it considers that the Canadian right to build such facilities, including twenty-seven foot excavations north of Cornwall Island, was reserved in the 1954 Exchange of Notes and in the other exchanges of notes and letters on the St. Lawrence project, whereas these exchanges of notes and letters cover only by implication the navigation excavations in the south channel. Moreover, the north channel excavations will compensate for the south channel excavations and thus serve the purposes of the Boundary Waters Treaty.

Engineers of the two seaway entities met on July 18, 1956, and evolved plans for the excavations in both channels and for the apportionment between the two seaway entities of responsibility for the different parts of the work. The Canadian Government finds that these plants meet the requirements of the Boundary Waters Treaty, and accepts responsibility for the excavations in the north channel and a part of those in the south. The Government has accordingly directed that, as the Saint Lawrence Seaway Development Corpo­ration proceeds with its excavations in the south channel, the St. Lawrence Seaway Authority should concurrently undertake the excavations assigned to it in the July 18 arrangements. It is understood that the two power entities will make a contribution to the costs of these excavations. As the plans envisage that each entity will undertake excavation in the territory of both countries, the Canadian Government is prepared to grant customs and immigration waivers on a reciprocal basis.

Accept, Excellency, the renewed assurances of my highest consideration.

L. B. Pearson

Secretary of State for External Affairs