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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the Kingdom of the Netherlands concerning the Training of Students of the Royal Netherlands Air Force in Canada [1973] CATSer 8 (4 July 1973)

E100933 - CTS 1973 No.28

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERN­MENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS CONCERNING THE TRAINING OF STUDENTS OF THE ROYAL NETHERLANDS AIR FORCE IN CANADA

I

The Secretary of State for External Affairs of Canada to the Ambassador of the Kingdom of the Netherlands

OTTAWA, May 24, 1972

DFR-820

His Excellency T. H. Bot
Ambassador of The Netherlands,
Ottawa

Excellency,

I have the honour to refer to the previous conversations between our defence authorities concerning the training of students of the Royal Nether­lands Air Force in Canada, and wish to propose an agreement between our two governments in the following terms:

1. The Government of Canada shall in the period from 1 September 1971 to 31 December 1975 accept for training in Canada by the Canadian Armed Forces a number of student pilots of the Royal Netherlands Air Force to be agreed upon by the Netherlands Chief of Air Staff and the Chief of the Defence Staff, Canadian Forces, hereinafter referred to as the competent authorities.

2. The Government of the Kingdom of the Netherlands shall for the training of each student pay a sum to be determined by agreement of the competent authorities.

3. For the implementation of paragraph 1 and paragraph 2 of this Note the necessary arrangements shall be agreed between the competent authorities.

4. Except as provided in paragraph 5 of this Note, the status of the Royal Netherlands Air Force (including its civilian component), as well as the members thereof and their dependents, shall during their sejourn in Canada in connection with this Agreement be governed by the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces concluded at London on 19 June, 1951.

5. A claim against Canada resulting from injury to or death of a person (other than a trainee, other members of the Royal Netherlands Air Force or a member of the Canadian Forces) or loss of, or damage to property arising out of acts or omissions committed by a trainee or a flying instructor of the Royal Netherlands Air Force while acting within the scope of their duties or employment in connection with training provided pursuant to this Agreement shall be assimilated to, and be dealt with by Canada as if it were a claim arising out of the activities of a member of the Canadian Forces in the performance of his official duty in Canada, and any costs incurred in dealing with such claim shall be borne by Canada without any right to claim reimbursement from the Netherlands.

6. a) Subject to sub-paragraph (b) of this paragraph, this Agreement shall initially remain in force until July 1, 1977; thereafter the Agree­ment shall remain in force for an indefinite period unless either Government denounces this Agreement by giving six-months' notice in writing of such intention.

b) In the event that either Government considers that an emergency situation exists such as war, invasion, insurrection or riot, real or apprehended, either Government may suspend this Agreement.

7. In case of denunciation or suspension of this Agreement pursuant to paragraph 6 above, the Governments of the Kingdom of the Nether­lands and Canada shall consult regarding appropriate arrangements for the phasing out of any training programme under way in Canada at the time of such denunciation or suspension.

If the foregoing is acceptable to the Government of the Kingdom of the Netherlands, I have the honour to propose that this Note, which is authentic in English and French, and your affirmative reply, shall constitute an Agree­ment between the Government of Canada and the Government of the King­dom of the Netherlands which shall provisionally be applied as from the date of your affirmative reply and shall enter into force effective from September 1, 1971, on the date on which our two Governments have notified each other in writing that they have obtained whatever internal approval each may require to give effect to this Agreement.

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

Mitchell Sharp

Secretary of State for External Affairs

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The Ambassador of the Kingdom of the Netherlands to the Secretary of State for External Affairs of Canada

(Translation)

OTTAWA, May 24, 1972

No. 2730

The Hon. Mitchell Sharp,
Secretary of State for External Affairs,
Ottawa

Excellency,

I have the honour to confirm receipt of Your Excellency's Note No. DFR-820 of May 24, 1972, regarding the training of Dutch student pilots in Canada, which in the Dutch version reads as follows:

(see Canadian Note No. DFR-820 of May 24, 1972)

I have the honour to inform Your Excellency that the proposals for the above mentioned training curriculum as contained in your note, are accept­able to the Government of the Kingdom of the Netherlands, and that your note and this reply together will form an Agreement between the Government of the Kingdom of the Netherlands and the Government of Canada, which for the present will be applied as from the date of this reply, and will be effective retroactively as of September 1, 1971, at the time at which both Governments inform each other in writing that they have obtained the internal approval which each of them might need in order to put this Agreement in operation.

Please accept, Your Excellency, the renewed assurance of my greatest respect.

T. H. Bot

Ambassador of the Kingdom of the Netherlands