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Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement amending the Air Transport Agreement of January 17, 1966, as subsequently amended [1984] CATSer 15 (24 May 1984)

E103551 - CTS 1984 No. 41

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT AMENDING THE AIR TRANSPORT AGREEMENT OF JANUARY 17, 1966, AS SUBSEQUENTLY AMENDED

I

The Chief Air Negotiator for External Affairs of Canada to the Chief, Aviation Programs and Policy of the United States of America

OTTAWA, May 24, 1984

Note No. ETT-1012

Mr. Samuel Keiter,
Chief, Aviation Programs and Policy,
Department of State,
Embassy of the United States of America,
Ottawa.

Sir,

I have the honour to refer to consultations held between the Minister of Transport of Canada, the Honourable Lloyd Axworthy and the Assistant Secretary for Policy and International Affairs of the United States Department of Transportation which took place in Ottawa on March 29, 1984, and to consultations between delegations representing the Government of Canada and the Government of the United States of America which took place in Washington on May 3-4, 1984. As a result of those discussions in Ottawa and Washington, I have the honour to propose that the following amendments be made to Schedules I and II of the May 8, 1974 Exchange of Notes between the Government of Canada and the Government of the United States of America amending the Air Transport Agreement between the two countries of January 17, 1966.

1. Add to Schedule I a new route, numbered H.1, to read as follows:

“H. Caribbean Routes

1. San Juan-Toronto/Montreal (11) (12)”

2. Add, after footnote (10) of Schedule I two new footnotes:

“(11) Notwithstanding the provisions of Article III(a) of the Agreement, additional traffic stops may not be made on Route H.1, provided, however, that this shall in no way preclude through services, without change of aircraft or flight number, to points in the United States behind the United States terminal(s) on any other route by airlines designated for such other route, even though such service would, in effect, constitute service between the United States terminal and the Canadian terminals of Route H.1; provided, however, that on services over Route H.1, one intermediate point may be served in the continental United States with traffic rights between Canada and the continental United States point limited to in-transit traffic only. An airline designated for H.l wishing to serve such intermediate point shall notify the Canadian aeronautical authorities of its choice of points and may change its choice on 30 days notice to such authorities.

(12) The United States airline designated to operate on Route H.l shall not provide single or through-plane service to (or from) Canada to (or from) any point beyond San Juan in a third country so long as the Canadian airline designated for Route B.7 is not operating a service to (or from) that beyond point over San Juan.”

3. Add to Schedule II a new route, to be numbered B.7, to read as follows:

“7. Montreal/Toronto-San Juan and beyond. (11)”

4. Amend, in footnote 5 of Schedule II, the list of route numbers, in both places where it appears, to read

“…Routes B.4, B.6, B.7, C.3, E.l and E.2…”

5. Add, after footnote 10 in Schedule II a new footnote

“(11) The Government of Canada may name one island point in the Caribbean for services with full traffic rights beyond San Juan; this point may be changed by the Government of Canada on three months notice to the United States Government. Alternatively, one point in South America may be agreed by the Government of Canada and the Government of the United States of America for services beyond San Juan with full traffic rights.”

If the foregoing is acceptable to the Government of the United States of America, I propose that this note, which is authentic in English and French, together with your reply to that effect shall constitute an Agreement between our two Governments which shall enter into force on the date of your reply.

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

Geoffrey Elliot

Chief Air Negotiator

II

The Chief, Aviation Programs and Policy for the Department of State of the United States of America to the Chief Air Negotiator for External Affairs of Canada

OTTAWA, May 24, 1984

Mr. Geoffrey Elliot,
Chief Air Negotiator,
Department of External Affairs,
Ottawa

Sir,

I have the honor to refer to your Note No. ETT-l012 and to inform you that the proposals contained in your Note, which is authentic in English and French, are acceptable to my Government and to confirm that your Note together with this reply shall constitute an agreement which enters into force on today’s date.

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

Samuel C. Keiter

Chief Aviation Programs and Policy