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Exchange of Notes (January 13 and April 14, 1976) between the Government of Canada and the Government of the United States of America to provide for the continued operation and maintenance of the Torpedo Test Range in the Strait of Georgia including the installation and utilization of an Advanced Underwater Acoustic Measurement System at Jervis Inlet [1976] CATSer 12 (14 April 1976)

E100979 - CTS 1976 No. 18

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO PROVIDE FOR THE CONTINUED OPERATION AND MAINTENANCE OF THE TORPEDO TEST RANGE IN THE STRAIT OF GEORGIA INCLUDING THE INSTALLA­TION AND UTILIZATION OF AN ADVANCED UNDERWATER ACOUSTIC MEASUREMENT SYSTEM AT JERVIS INLET

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

OTTAWA, January 13, 1976

No. 9

The Honourable Allan J. MacEachen
Secretary of State for External Affairs
House of Commons
Ottawa

Sir,

I have the honour to refer to the Exchange of Notes between our two Governments of May 12, l965, constituting an Agreement for the establish­ment, operation and maintenance of a torpedo test range in the Strait of Georgia. Recently there have been discussions in the Permanent Joint Board on Defence regarding the renewal of that Agreement and the inclusion of a provision in it for installing and utilizing an advanced underwater acoustic measurement system.

The 1965 Exchange of Notes provides that the Agreement will continue in force after the initial ten year period until terminated by either party in accordance with its provisions. However, in view of the desire of the United States to update existing range operating equipment and to install an advanced underwater acoustic measurement system at Jervis Inlet, it would seem appropriate at this time formally to renew the Agreement while making the necessary amendments to the Annex.

To accomplish these objectives I have the honour to propose that our two Governments agree to the continued operation and maintenance of the tor­pedo test range in the Strait of Georgia and, at the same time, authorize the installation and utilization of an advanced underwater acoustic measurement system at Jervis Inlet under the conditions set forth in the Annex to this Note. It is understood that the undertakings by either Government with regard to this matter shall be subject to the availability of funds.

If the conditions set forth in this Note and its Annex are 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 which shall enter into force on the date of your reply for a period of ten years and shall continue in force thereafter until terminated either by mutual agreement or as hereinafter provided.

Following the ten year period, if either Government concludes that the range, or any installations which are a part of it, are no longer required, and the other Government does not agree, the question of continuing need shall be referred to the Permanent Joint Board on Defence. In considering the ques­tion of need, the Board will take into account the relationship of the range to any other similar installation established in the mutual defence interests of the two countries. Following consideration by the Permanent Joint Board on Defence, either Government may decide that any installations which are a part of the range should be closed or that the Agreement should be termina­ted. Following twelve months’ written notice of such a decision being given to the other Government, the installations shall be closed or the Agreement terminated, as the case may be. The arrangements set forth in paragraph 6 of the Annex regarding ownership and disposition of property shall apply.

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

W. M. Johnson

ANNEX

CONDITIONS FOR THE OPERATION AND MAINTENANCE OF THE TORPEDO TEST RANGE IN THE STRAIT OF GEORGIA AND JERVIS INLET

In this Annex, unless the context otherwise requires, “United States” means the Government of the United States; “Canada” means the Govern­ment of Canada; and “facility” means the torpedo testing range in the Strait of Georgia and Jervis Inlet including necessary supporting equipment and water craft as provided herein or as may be additionally agreed between the United States Navy and the Canadian Armed Forces.

1. Canadian Forces Station

The facility shall be a Canadian Forces station, and the Canadian Armed Forces shall be responsible for administration, security and operational control.

2. Sharing of the Facility

Available operating time of the facility shall be allotted equally between Canada and the United States unless otherwise agreed by the United States Navy and the Canadian Armed Forces. Either Government may make arrangements for the other departments of their respective Governments, or civilian contractors working in the interests of that Government or a friendly foreign country to use such operating time allotted to it, subject to detailed arrangements to be made between the United States Navy and the Canadian Armed Forces.

3. Construction, Equipping and Cost-Sharing

The United States shall be responsible for the supply, installation and maintenance of the technical equipment required for the operation of the facility, for furnishing technical training necessary for the operation of this equipment, and for provision of such range craft (including crew) as may be agreed between the United States Navy and the Canadian Armed Forces, and for the costs thereof. The United States and Canada shall be jointly respon­sible for manning and operating the technical equipment. Canada shall be responsible for providing other shore-based personnel required to operate the facility and for the construction and maintenance of the necessary fixed facilities including buildings, roads, jetties, power and water supplies, and for provision of a target vessel and such other water craft (including crew) as may be agreed, and for the costs thereof. Except as provided above, the United States shall have the right to use the facility without charge.

4. Explosives

No explosives larger than scare charges shall be used.

5. Radio Installations

Arrangements respecting such technical radio communications matters as frequencies, types of emission and power, as well as the location of antenna masts and the question of their marking and lighting, shall be co-ordinated with the Department of Communications and the Ministry of Transport respectively through the Department of National Defence and shall be subject to the approval of the Department of Communications and the Ministry of Transport as appropriate.

6. Ownership and Disposal of Removable Property

(a) Ownership of all removable property brought into or purchased in Canada by the United States or its contractor and placed on the facility, including readily demountable structure, shall remain in the United States. Subject to sub-paragraph 6(b), the United States shall have the unrestricted right of the moving or disposing of such prop­erty, provided that the removal or disposition shall not impair the operation of any installations whose discontinuance has not been determined in accordance with the provisions of this agreement, and provided further that removal or disposition takes place within a reasonable time after the date on which the operation of the installa­tion has been discontinued.

(b) The disposal in Canada of United States property imported into or purchased in Canada by the United States or its contractor for this facility and declared surplus to United States defense needs shall be in accordance with the provisions of the Exchange of Notes of August 28 and September 1, 1961.

7. Immigration and Customs Regulations

(a) Except as otherwise provided, the direct entry of United States personnel from outside Canada shall be in accordance with Canadian Customs and Immigration procedures which will be administered by local Canadian officials designated by Canada.

(b) Canada shall take the necessary steps to facilitate the admission into the territories of Canada of such United States citizens as may be employed in the construction, operation, or maintenance of the facility, it being understood that the United States will bear all the costs of repatriating any such persons found objectionable by Canada without any expense to Canada.

8. Taxes

Canada shall grant remission of customs duties and federal sales and excise taxes on goods imported, and of federal sales and excise taxes on goods purchased in Canada, which are or are to become the property of the United States and are to be used in the establishment, maintenance or operation of the facility. Canada shall also grant refund by way of drawback of the customs duty paid on goods imported by Canadian manufacturers and used in the manufacture or production of goods purchased by or on behalf of the United States in connection with the establishment, maintenance or opera­tion of the facility.

9. Status of Forces

The agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on June 19, 1951, shall apply.

10. Supplementary Agreements and Administrative Arrangements

Supplementary agreements and administrative arrangements between the United States Navy and the Canadian Armed Forces may be made from time to time in further implementation of, and in conformity with, the provi­sions of this Agreement.

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

OTTAWA, April 14, 1976

No. DFR-1033

His Excellency Thomas O. Enders
Ambassador of the United States of America
Ottawa

Excellency,

I have the honour to refer to your Note No. 9 of January 13, 1976 together with its Annex in which you propose that our two Governments agree to the continued operation and maintenance of the torpedo test range in the Strait of Georgia and authorize the installation and utilization of an advanced under­water acoustic measurement system at Jervis Inlet.

I am pleased to inform you that the proposals contained in your Note and the conditions set forth in the Annex thereto are acceptable to the Govern­ment of Canada. I can therefore confirm that your Note and this reply, which is equally authentic in English and French, shall constitute an Agreement between our two Governments on this matter which will enter into force on the date of this reply. It is understood that the present Agreement will supersede the Agreement between our two Governments concerning the torpedo test range concluded on May 12, 1965.

Accept, Excellency, the assurances of my highest consideration.

Allan J. MacEachen

Secretary of State for External Affairs