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Exchange of Notes (March 19 and 29, 1979) between the Government of Canada and the Government of the United States of America constituting an Agreement providing for the Establishment of a Loran-C Station in the vicinity of Port Hardy, Vancouver Island, B. C. [1979] CATSer 6 (29 March 1979)

E103770 - CTS 1979 No. 26

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF A LORAN-C STATION IN THE VICINITY OF PORT HARDY, VANCOUVER ISLAND, B.C.

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

EMBASSY OF THE UNITED STATES OF AMERICA

March 19, 1979

No. 58

The Honourable Don Jamieson,
Secretary of State for External Affairs,
Ottawa

Sir:

I have the honor to refer to discussions between officials of our two governments concerning the desirability of improved marine radionavigation systems in areas of mutual interest.

These discussions have indicated that cooperative establishment of a Loran-C Station in the vicinity of Port Hardy, Vancouver Island, British Columbia would be to the mutual advantage of the United States and Canada. Accordingly, I wish to propose that the Government of the United States of America and the Government of Canada enter into an Agreement for the construction, operation, and maintenance of such a Loran-C Station. This station will be constructed, operated and maintained by an agency of the Government of Canada in accordance with the terms and conditions contained in the Annex to this note. It is understood that this Agreement will be conditional on both the Government of the United States and the Government of Canada making available the required funds.

Except as may otherwise be agreed, this Agreement shall remain in force for a period of at least ten years. Thereafter, the Agreement shall remain in force until terminated in accordance with the following procedures. At any time after the Agreement has remained in force for at least nine years, the Government of the United States of America and the Government of Canada will consult, at the request of either of them, with regard to its continuation. If the Government of the United States of America and the Government of Canada cannot agree to the continuation of this Agreement within one year after such a request for consultation, the Agreement shall be terminated upon one year’s written notice by either Party to the other.

If the foregoing is acceptable to your Government, I have the further honor to propose that this note and its Annex, together with your reply to that effect, shall constitute an Agreement between the Government of the United States of America and the Government of Canada, which shall enter into force on the date of your reply.

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

Thomas O. Enders

ANNEX

Terms and Conditions Governing the Establishment, Maintenance and Operation of a Loran-C Transmitting Station and its Associated Monitor Control Station in British Columbia

1. Cooperating Agencies

The project shall be conducted by Cooperating Agencies designated by each Government. On the part of the Government of the United States of America the Cooperating Agency will be the United States Coast Guard, (hereinafter referred to as U.S.C.G.) and on the part of the Government of Canada the Cooperating Agency will be the Canadian Coast Guard (hereinafter referred to as C.C.G.). Either Government may change the designation of its Cooperating Agency by means of a notice in writing to the other Government.

2. Site Selection

The C.C.G. will select a site for the Loran-C transmitting station in the vicinity of Port Hardy, Vancouver Island, British Columbia. The U.S.C.G. will provide assistance in site selection at the request of the C.C.G. Location of the antennas, ground system and buildings on the selected site will be the responsibility of the C.C.G., based on guidelines provided by the U.S.C.G.

3. Land Acquisition

Land required as sites for the stations will be acquired by the C.C.G. at C.C.G. expense. Ownership shall be vested in the Crown in right of Canada.

4. Loran- C Electronic Equipment

The U.S.C.G. will provide without charge (including transportation costs) all electronic equipment necessary to produce, receive, synchronize and monitor the Loran-C signals, and will retain title thereto. This equipment will include communications equipment necessary for operational control among the stations in the Loran-C chain of which the Vancouver Island Transmitting Station is an integral part. In addition, the U.S.C.G. shall provide, without charge, instruction books, technical documentation and standards and procedures for the operation and maintenance of the Loran-C Station.

Installation will be accomplished by Canadian personnel at C.C.G. expense. Technical assistance for installation and adjustment will be provided without charge by the U.S.C.G. at C.C.G. request. An initial allowance of spare parts will be provided without charge by the U.S.C.G. so long as such items are available. Supply support levels and procedures should be agreed upon through contractual arrangements between the Canadian Department of Supply and Services, Washington, D.C. and the U.S.C.G. Field changes including associated equipment developed by the U.S.C.G. will be provided without charge by the U.S.C.G.

5. Buildings

The U.S.C.G. will provide without charge typical plans for the buildings to house major Loran-C equipment. These plans will specify space requirements, equipment locations, floor plans, bonding, ducting, floor loading, cable routing and other details and criteria peculiar to Loran-C Transmitting Station construction. The C.C.G. will construct, at C.C.G. expense, all buildings necessary to house the Loran-C electronic equipment and power generators equipment.

6. Primary and Standby Power, and Ancillary Equipment

The C.C.G. will provide primary and standby electrical power suitable for operation of the Loran-C Station, and all ancillary equipment for the Station’s operation. The U.S.C.G. will identify the power requirements of electronic equipment which it will furnish.

7. Antennas and Ground Systems

The U.S.C.G. will provide the Loran-C Transmitting and Receiving antennas. The C.C.G. will install the Loran-C Transmitting and Receiving Station antennas and ground systems. The U.S.C.G. furnished transmitting antenna will be constructed in conformity with U.S.C.G. design specifications. The C.C.G. will erect the transmitting antenna in accordance with erection criteria to be provided without charge by the U.S.C.G.

8. Training

Required training of Canadian personnel will be provided by the U.S.C.G. on terms and conditions to be agreed upon. All related costs associated with travel, lodging and meals of Canadian personnel will be paid by the C.C.G. Any training not normally provided to U.S.C.G. personnel, however, will be funded entirely by the C.C.G.

9. Operation and Maintenance

Operation and maintenance functions of the completed station, and costs associated therewith are to be carried out and paid for by the C.C.G. with the exception of the communication links which will be paid for by the Cooperating agency of the country in which the communication links are located. The C.C.G. will be responsible for proper operation of the station in accordance with standard Loran-C operating procedures and techniques to be provided without charge by the U.S.C.G., subject to any modifications agreed to after consultation between the cooperating agencies.

10. Frequency Assignment and Technical Characteristics

Application for the assignment of a Loran-C operating frequency for the Vancouver Island Station will be the responsibility of the C.C.G. The technical characteristics are as follows:

(a) Assigned frequency - 100 kHz

(b) Transmitting Power - 44 Megawatt peak, transmitter duty cycle approximately 0.02.

(c) Emission 20 P 9

(d) Power spectrum - In accordance with Article 5 No. 166 of the ITU Radio Regulations (Geneva 1959) at least 99% of the total power of the emissions shall be confined within the band 90-110 kHz and such emissions shall not cause harmful interference outside that band to stations operating in accordance with the aforementioned Radio Regulations.

11. Time Schedule-Critical Dates

The Vancouver Island Loran-C Transmitting Station will be on air continuously transmitting signals at full power and in stable synchronization by 1 March 1980, or as near thereafter as possible.

12. Charting

The United States Government will provide the Canadian Government free of charge with the necessary charting data to permit the appropriate Canadian Agency to prepare and publish navigation charts covered by signals originating from the Loran-C chain of which the Vancouver Island Transmitting Station is an integral part.

13. System Accuracy Flight Check

The U.S.C.G. will provide system accuracy flight check facilities to permit the initial accuracy check of the Loran-C chain of which the Vancouver Island Station is an integral part. The cost of this initial check shall be shared equally by the U.S.C.G. and the C.C.G.

14. Termination

Upon termination of station operation all equipment owned by the U.S.C.G. and made available free of charge to the C.C.G. pursuant to this Agreement shall be removed by the U.S.C.G., or otherwise disposed of under terms and conditions to be agreed upon.

15. Taxes

Each Government shall, to the extent permitted by its Federal legislation, grant relief from all taxes or Customs duties on materials and equipment used in the maintenance or operation of the Loran-C Transmitter and Monitor Control Stations. In particular, Canada shall grant remission of Customs duties and excise taxes on goods imported and Federal sales and excise taxes on goods purchased in Canada, specifically for the purpose of these facilities, which are or are to become property of the United States and are to be used in the maintenance or operation of these facilities. Canada shall also grant refund by ways of drawback of the Customs duty paid on goods imported by Canadian manufacturers specifically for the purpose of these facilities and used in the manufacture or production of goods purchased by or on behalf of the United States Government and to become the property of the United States in connection with the maintenance and operation of the facility.

16. Liability

The U.S. Coast Guard shall not be liable for any claims arising out of the use of the equipment provided to the Canadian Coast Guard. Responsibility for these claims is with the Canadian Coast Guard.

17. Electro Magnetic Compatibility

Commissioning by the C.C.G. of the Loran-C Transmitting Station will be subject to the determination of its electro-magnetic compatibility with Canadian telecommunications services. The U.S.C.G. will provide, on request, such technical data, specifications and operational details, of the Loran-C transmitter, as are deemed necessary to complete the analysis of its compatibility. The Government of the United States shall, on request and without charge, assist the Canadian Government in the investigation of, and development of planned solutions to, harmful interference to Canadian telecommunications services where such interference is caused by emissions from the Vancouver Island Loran-C Transmitting Station and the Stations which are paired to the Vancouver Island Station. Should frequency changes to Canadian radio stations be required to mitigate incompatibilities verified by on-the-air testing of these Loran-C Transmitting Stations, the Government of the United States and the Government of Canada will cooperate in determining alternative compatible assignments. Should it be necessary to modify the Loran-C electronic equipment in order to mitigate such interference, the associated costs shall be borne by the U.S.C.G.

18. Safety Standards

The U.S.C.G. will provide, on request and without charge, available technical data relating to safety standards for operation and maintenance of Loran-C Transmitting Stations.

19. Future Loran-C Stations

In the implementation of future Loran-C sites in the North American chains, the Government of the United States will inform the Government of Canada of proposed stations as early as possible in the planning stage. Subsequent to receipt of this information the Government of Canada and the Government of the United States will cooperate in the technical analysis necessary to ensure the compatibility of these stations with the Canadian telecommunications environment.

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

OTTAWA, ONTARIO, March 29, 1979

FLA-987

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

Excellency,

I have the honour to refer to your Note No. 58 of March 19, 1979 in which you propose that the Government of the United States of America and the Government of Canada enter into an Agreement for the construction, operation and maintenance of a LORAN-C Station in the vicinity of Port Hardy, Vancouver Island, British Columbia. The Station would be constructed, operated and maintained by an agency of the Government of Canada in accordance with the terms and conditions contained in the Annex to your Note. It is understood that the Agreement would be conditional on both the Government of the United States and the Government of Canada making available the required funds. Except as may otherwise be agreed, the Agreement would remain in force for a period of at least ten (10) years. Thereafter the Agreement would remain in force until terminated in accordance with the procedures set forth in your Note.

I have the honour to inform you that this proposal, forwarded as your Note No. 58 with its Annex, is acceptable to the Government of Canada. Accordingly, I have the further honour to confirm that your Note and this reply which is authentic in English and French shall constitute an Agreement between our two Governments for the construction, operation and maintenance of a LORAN-C Station in British Columbia which shall enter into force on the date of this reply.

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

Don Jamieson

Secretary of State for External Affairs