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Exchange of Notes (March 19 and September 20, 1979) between the Government of Canada and the Government of the United States of America constituting an Agreement concerning the Continued Use of the Churchill Research Range [1979] CATSer 16 (20 September 1979)

E103823 - CTS 1979 No. 12

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT CONCERNING THE CONTINUED USE OF THE CHURCHILL RESEARCH RANGE

I

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

OTTAWA, March 19, 1979

No. 55

His Excellency Donald C. Jamieson, P.C., M.P.,
Secretary of State for External Affairs,
Ottawa

Excellency:

I have the honor to refer to the Agreement between the United States of America and Canada concerning activities of the United States at the Churchill Research Range, with annex, effected by exchange of notes at Ottawa November 16 and December 18, l970, as extended by exchange of notes June 29, 1973, and June 8 and July 30, 1976 and to the recent discussions between representatives of our two governments concerning support of activities at the Churchill Range as well as other facilities of the National Research Council of Canada.

By its terms, the Agreement as amended will expire on June 30, 1979, unless extended for additional periods. Because of the continued mutual interest of both countries in the accommodation of United States activities at space research facilities of the National Research Council of Canada, I have the honor to propose that the Agreement be amended and extended for an additional period of three years.

It is my understanding that in the future the new National Research Council of Canada facility at Cimli, Manitoba, rather than the Churchill Research Range, will be the focal point for rocket activities, but that such activities will also continue to be accommodated at the Churchill Range and other established or new sites on an expeditionary basis. I also understand that launching at Churchill Research Range of meteorological rockets furnished by the United States Air Force as provided in Article I, Para 3 of the annex is not contemplated after June 30, 1979. In view of these developments and the growing Canadian balloon launching capability since establishment in 1976 of a National Research Council of Canada mobile scientific balloon facility, I have the honor to further propose that the annex to the 1970 Agreement setting forth the terms and conditions governing the support of United States activities at the Churchill Range be amended as follows:

A. That the title of the Agreement be changed to read "Support of United States Activities at the National Research Council Space Research Facilities."

B. That all reference to Churchill Research Range or The Range be changed to read NRC Space Research Facilities (NRCSRF), NRC facilities, or each facility as appropriate.

C. That Article I, para 3, be deleted.

D. That paragraphs 1, 2 and 4 of Article IV be deleted. Paragraph 3 be amended to include balloon as well as sounding rocket launchings. Article IV would then read as follows:

The NRC shall determine the level of activities to be conducted at its space research facilities. Rocket and balloon launching schedules and all other details shall, for each specific case, be arranged between the cooperating agencies.

E. That the reference in Article XI, para 4 to Section 203(B)(13) in the United States National Aeronautics and Space Act be changed to Section 203(C)(13).

In accordance with the above, I further propose that all references in the Agreement itself to the Churchill Research Range or The Range be changed to read NRC Space Research Facilities (NRCSRF), NRC facilities, or each facility as appropriate.

If the above proposals are acceptable to the Government of Canada, I have the honor to propose that this note and Your Excellency’s note in reply shall constitute an Agreement on this matter between our two governments which will enter into force on July 1, 1979, and remain in force until June 30, 1982, unless terminated by either government on three months’ written notice to the other or unless extended for additional periods by mutual agreement of our two governments.

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

Thomas O. Enders

II

The Secretary of State for External Affairs of Canada to the Chargé d’affaires of the United States of America

September 20, 1979

No. EBS-2514

The Honourable Robert W. Duemling
Chargé d’affaires
Embassy of the United States
Ottawa, Ontario

Excellency,

I have the honour to refer to Ambassador Ender’s Note No. 55 of March 19, 1979 and to the current discussions between representatives of our two Governments concerning support of activities of the United States of America at the Churchill Range as well as at other facilities of the National Research Council of Canada.

I wish to advise that the Government of Canada accepts the proposals set forth in the Ambassador’s Note, together with the suggested amendments, and agrees that the Ambassador’s Note, together with this reply and the Annex thereto incorporating the suggested amendments, which are authentic in English and French, shall constitute an Agreement between our two Governments which shall enter into force today with effect from July 1, 1979, and remain in force until June 30, 1982 unless terminated by either Government on three months written notice to the other, or unless extended for additional periods by mutual agreement of our two Governments.

Accept, Excellency, the assurances of my highest consideration.

Flora MacDonald

Secretary of State for External Affairs

ANNEX

Support of United States Activities at the Canadian National Research Council Space Research Facilities

ARTICLE I

Canadian Government Responsibility

1. The Government of Canada (hereinafter referred to as Canada) may from time to time make the Canadian National Research Council Space Research Facilities (hereinafter referred to as the NRCSRF) available to agencies of the Government of the United States (hereinafter referred to as the United States) to carry out experiments for peaceful purposes involving sending rockets and shall support accepted projects with the services and facilities of the NRCSRF to the same extent as it supports Canadian experiments, subject to the requirements of the Canadian program.

2. Canada may similarly make these facilities of the NRCSRF available for scientific experiments using ground-based instruments, balloons or aircraft.

ARTICLE II

United States Government Responsibility

The United States will continue to provide such rockets and rocket-borne equipment as may be required for US launches and such ground measuring and recording devices not available at NRCSRF as they may deem necessary and may provide such other equipment as needed for the performance of activities under this Agreement. Equipment provided by the United States may be operated by either of the parties to this Agreement.

ARTICLE III

Cooperating Agencies

Cooperating Agencies shall be designated by each Government to carry out, in consultation, the provisions of this Agreement. For Canada the Cooperating Agency shall be the National Research Council of Canada (hereinafter referred to as NRC). For the United States the Cooperating Agency shall be the National Aeronautics and Space Administration (hereinafter referred to as NASA). Either Government may change its Cooperating Agency by means of notice in writing to the other Government. The Cooperating Agencies designated by the two Governments are authorized to conclude supplementary agreements and administrative arrangements from time to time in the implementation of this Agreement.

ARTICLE IV

Scheduling

The NRC shall determine the level of activities to be conducted at its space research facilities.

Rocket and balloon launching schedules and all other details shall, for each specific case, be arranged between the Cooperating Agencies.

ARTICLE V

Safety

All programs conducted at the NRC facilities shall conform to the NRC Safety Regulations in force at the NRC facility.

ARTICLE VI

Financial Arrangements

1. For each launching of a sounding rocket from the NRCSRF pursuant to this Agreement, the United States shall pay at a rate or rates to be mutually agreed by the Cooperating Agencies.

2. For United States experiments at the NRCSRF not involving sounding rockets, the appropriate remuneration shall be agreed in each individual case by the Cooperating Agencies.

ARTICLE VII

Data Exchange

The scientific data derived by each Government from the conduct of activities pursuant to this Agreement shall be made available on request within a reasonable period of time to the Cooperating Agency of the other Government, subject to normal protection being given to the interests of prime experimenters. Scientific data will also be made available to the international scientific community, subject to the protection of the experimenters’ rights.

ARTICLE VIII

Definition of term "United States Personnel"

For the purpose of this Agreement, the term "United States Personnel" shall mean:

1. Civilian personnel (including persons who are not United States citizens) engaged in or connected with United States activities on the NRC facilities but excluding:

(i) Canadian citizens and persons ordinarily resident in Canada

(ii) Personnel employed by a contractor engaged by the Canadian Cooperating Agency for the operation and maintenance of the NRC facilities.

2. Members of the Unites States "force" and "civilian component" as defined in Article I of the North Atlantic Treaty Status of Forces Agreement signed in London on June 19, 1951.

ARTICLE IX

Canadian Immigration and Customs Regulations

1. Except as otherwise provided, the direct entry of United States personnel into Canada shall be in accordance with Canadian customs and immigration procedures which shall be administered by local Canadian officials designated by Canada.

2. Canada shall take the necessary steps to facilitate the admission into, and the departure from, the territory of Canada of United States personnel. The United States, at the request of Canada, will assist in arranging for the departure from Canada of any such personnel without expense to Canada.

ARTICLE X

Taxation

Canada shall grant remission of customs duties and federal sales and excise taxes on goods imported by or on behalf of the United States specifically for its own use at the NRC facilities and federal sales and excise taxes on goods purchased by or on behalf of the United States in Canada which are to be used exclusively by the United States at the NRC facilities.

ARTICLE XI

Liability and Claims

1. In case of an accident arising in connection with the operation of the NRC facilities responsibility to third parties shall be determined in accordance with Canadian law.

2. No liability shall attach to the United States based solely on title in the equipment and facilities at the NRC facilities.

3. Where, as a result of determination in accordance with Canadian law the operators of the NRC facilities is found liable, the Canadian Cooperating Agency shall bear the cost thereof.

4. Claims for damage to property or injury to persons arising from acts or omissions of United States personnel, who are sponsored by or employed by or directly connected with NASA, may be considered and settled in accordance with the provisions of Section 203 (c) (13) of the United States National Aeronautics and Space Act (42 U.S.C. Sec 2473) and as it may be amended.

5. Claims for damage to property or injury to persons arising from acts or omissions of members of the United States ‘force’ as defined in Article VIII of this Agreement will be considered and settled in accordance with Article VIII of the North Atlantic Treaty Status of Forces Agreement, signed in London on June 19, 1951.

6. In the case of other claims against the United States arising from activities at the NRC facilities the United States may also offer to settle these in accordance with applicable provisions of United States law. If any such offers are acceptable, the United States may so settle them.

ARTICLE XII

Information

The public release of information relating to operations under this Agreement will be the responsibility of the Agency concerned with the sponsorship of each project.