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Exchange of Notes (December 20 and 27, 1963) between the Government of Canada and the Government of the United States of America on Measures to ensure the Orderly, Efficient and Safe Control of Aircraft operating in the Air Space near the Common Boundary of Canada and the United States of America [1963] CATSer 13 (27 December 1963)

E100111 - CTS 1963 No. 20

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON MEASURES TO ENSURE THE ORDERLY, EFFICIENT AND SAFE CONTROL OF AIRCRAFT OPERATING IN THE AIR SPACE NEAR THE COMMON BOUNDARY OF CANADA AND THE UNITED STATES OF AMERICA.

I

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

EMBASSY OF THE UNITED STATES OF AMERICA

Ottawa, December 20, 1964.

No. 203

His Excellency Paul Martin
Secretary of State for External Affairs
Ottawa.

Excellency:

I have the honour to refer to recent discussions between representatives of our two Governments for the general purpose of reaching agreement on measures to insure the orderly, efficient and safe control of aircraft operating in the airspace near the common boundary of the United States of America and Canada. It has been agreed that from time to time it may be desirable for the United States of America to exercise air traffic control in airspace above the territory and territorial waters of Canada, and for Canada to exercise air traffic control in airspace above the territory and territorial waters of the United States of America.

I have the honour to propose that the competent administrative authorities charged with the responsibility for air traffic control in our two countries be authorized to conclude arrangements, when they agree that the orderly, efficient and safe control of air traffic makes such arrangements desirable, for the exercise of air traffic control by one country in specified segments of airspace above the territory of the other country within fifty nautical miles of the common boundary of the two countries. The air traffic control in such segments shall be in accordance with the air traffic regulations of the country over which the aircraft are operating, and both Governments undertake through their competent administrative authorities to keep the other currently informed of any changes in said regulations. It is understood that to carry out this agreement the competent administrative authorities may authorize appropriate subordinates to conclude supplemental arrangements concerning technical and operational details of air traffic control within designated segments.

After arrangements are concluded between the competent administrative authorities that a specific segment of airspace over one country shall be entrusted to the air traffic control authority of the other country, each country shall take all necessary measures to make effective the exercise of such air traffic control in that segment in accordance with the national laws and regulations of the country of which the segment is a part.

If this proposal is acceptable to your Government, I have the honour to propose that this Note and your reply to that effect shall constitute an agreement between our two Governments with effect from the date of your reply.

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

W. W. Butterworth

II

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

DEPARTMENT OF EXTERNAL AFFAIRS

Ottawa, December 27, 1963.

No. 218

His Excellency W. Walton Butterworth
Ambassador of the United States of America
Ottawa

Excellency:

I have the honour to refer to your Note No. 203 dated December 20, 1963 proposing an agreement on measures to ensure the orderly, efficient and safe control of aircraft operating in the air space near the common boundary of the United States of America and Canada.

I have the honour to state that the Government of Canada is agreeable to the proposal set out in your Note and I concur in your suggestion that your Note and this reply shall constitute an agreement between our two governments with effect from this date.

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

Paul Martin