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Exchange of Notes between the Government of Canada and the Government of the United Republic of Tanzania concerning Liability for Damages in Connection with a Programme for Flight Training in Canada of Pilots of the Tanzanian People's Defence Force [1975] CATSer 1 (2 January 1975)

E103418 - CTS 1975 No. 20

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA CONCERNING LIABILITY FOR DAMAGES IN CONNECTION WITH A PROGRAMME FOR FLIGHT TRAINING IN CANADA OF PILOTS OF THE TANZANIA PEOPLE'S DEFENCE FORCE

I

The Secretary of State for External Affairs to the High Commissioner of the United Republic of Tanzania

OTTAWA, December 19, 1974

No. FLA-743

His Excellency Frederick Rutakyamirwa
High Commissioner of the United Republic of Tanzania
Ottawa

Excellency,

I have the honour to refer to the question of liability for damages with respect to a programme for training pilots of the Tanzania Peoples Defence Force at Won-Del Aviation Ltd., St. Hubert, P.Q., scheduled to commence on November 15, 1974.

Won-Del Aviation Ltd. is a party to a private insurance contract. A copy of this contract is attached. However, should an accident occur involving a member of the Tanzania Peoples Defence Force, this private insurance contract might not cover all liability and if that accident were the result of a student pilot flying outside normal flight regulations, the possibility exists that the insurance company might hold the pilot responsible and liable. Moreover, the above-mentioned insurance policy only relates to accidents involving Won-Del Aviation Ltd. aircraft.

Consequently, the Government of Canada would be grateful for confirmation that, to the extent such damages are not established to be the responsibility of a private insurance company under any insurance contract, the Government of the United Republic of Tanzania agrees to accept full responsibility for all damages resulting directly or indirectly from any act or omission of a member of the Tanzania Peoples Defence Force who is in Canada for the purpose of participating in the flight training programme. In the event of any dispute regarding responsibility for such damages, the decision of an appropriate Canadian court shall be considered final and the Government of the United Republic of Tanzania agrees to submit both to the jurisdiction and to the judgement of such a Canadian court. The Government of Canada would also be grateful for confirmation that the Government of the United Republic of Tanzania agrees to indemnify and hold harmless the Government of Canada from any and all liability resulting directly or indirectly from acts or omissions of any member of the Tanzania Peoples Defence Force participating in the above-mentioned flight training course in Canada.

I have the honour to propose that, if the foregoing is acceptable to the Government of the United Republic of Tanzania, this Note, which is authentic in English and French, together with your Excellency's reply, shall constitute an agreement between the Government of the United Republic of Tanzania and the Government of Canada, which shall enter into force on the date of your Excellency's reply.

Accept, Excellency, the assurances of my highest consideration.

Allan J. MacEachen

Secretary of State for External Affairs

II

The High Commissioner of the United Republic of Tanzania to the Secretary of State for External Affairs

OTTAWA, 2 January 1975

TZO/D.40/1/156

The Honourable Allan MacEachen
Secretary of State for External Affairs
Ottawa

Excellency:

I have the honour to refer to your Note of December 19, 1974 concerning the question of liability for damage with respect to a program for training pilots of the Tanzania Peoples Defence Force at Won-Del Aviation Ltd., St. Hubert, P.Q., scheduled to commence on November 15, 1974.

I am pleased to confirm that to the extent such damages are not established to be the responsibility of a private insurance company under any insurance contract, the Government of the Republic of Tanzania agrees to accept full responsibility for all damages resulting directly or indirectly from any act or omission of a member of the defence forces of the Republic of Tanzania who is in Canada for the purpose of participating in the above-mentioned flight training course. In the event of any dispute regarding responsibility for such damages, the decision of an appropriate Canadian court shall be considered final and the Government of the Republic of Tanzania agrees to submit both to the jurisdiction and to the judgement of such a Canadian court.

The Government of the Republic of Tanzania also confirms that it agrees to indemnify and hold harmless the Government of Canada from any and all liability resulting directly or indirectly from acts or omissions of a member of the defence forces of the Republic of Tanzania who is in Canada for the purpose of participating in the above-mentioned flight training course.

The Government of the Republic of Tanzania also agrees with your Excellency's proposal that your Excellency's Note together with this reply shall constitute an agreement between our two governments which shall enter into force on the second day of January in the year 1975.

Accept, Excellency, the assurance of my highest consideration.

Frederick Rutakyamirwa

High Commissioner