Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes constituting an Agreement between the Government of Canada and the Government of Saint Christopher and Nevis relative to the designation by the Government of the Federation of Saint Christopher and Nevis of Trinidad and Tobago (B.W.I.A. International) Airways Corporation [1985] CATSer 30 (18 October 1985)

E100081 - CTS 1985 No. 41

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF SAINT CHRISTOPHER AND NEVIS RELATIVE TO THE DESIGNATION BY THE GOVERNMENT OF THE FEDERATION OF SAINT CHRISTOPHER AND NEVIS OF TRINIDAD AND TOBAGO (B.W.I.A. INTERNATIONAL) AIRWAYS CORPORATION

I

The Prime Minister of Canada to the Prime Minister of St. Christopher and Nevis

NASSAU, October 18, 1985

CHOGM L.O. 10

The Right Honourable Dr. Kennedy A. Simmonds,
Prime Minister of the Federation of St. Christopher and Nevis

Sir:

I have the honour to refer to the Agreement between the Government of Canada and the Government of the Federation of St. Christopher and Nevis on Air Services signed at Nassau on Oct. 18, 1985 (the Agreement), and to propose, on behalf of the Government of Canada, the following understanding relative to the designation by the Government of the Federation of St. Christopher and Nevis of Trinidad and Tobago (B.W.I.A. International) Airways Corporation (hereinafter referred to as B.W.I.A.) for the operation of the agreed services provided for in the Agreement.

Notwithstanding the provisions of Article VI, paragraph 1(c) of the Agreement, the Government of Canada shall give favourable consideration to the designation of B.W.I.A. by the Government of the Federation of St. Christopher and Nevis provided that:

1. The Government of Trinidad and Tobago continues to designate B.W.I.A. for the operation of the agreed services provided for in the Agreement between the Government of Trinidad and Tobago and the Government of Canada on Commercial Scheduled Air Services;

2. Substantial ownership and effective control of B.W.I.A. shall remain vested in the Government of Trinidad and Tobago or in its nationals;

3. In any service originating or terminating in Trinidad and Tobago, B.W.I.A. shall be free to exercise any and all traffic rights under the Agreement between Canada and Trinidad and Tobago on Commercial Scheduled Air Services as well as the third and fourth freedom rights under the Agreement between the Government of Canada and the Government of the Federation of St. Christopher and Nevis on Air Services. Such traffic may be commingled on any and all services except as provided in Footnote 3 of Section I of the Annex to the Agreement;

4. In the operation of the agreed services by B.W.I.A., in each case where third and fourth freedom traffic rights in addition to fifth freedom traffic rights are available between a specified point and Canada, the services shall be operated on the basis of the third and fourth freedom traffic rights granted in the air transport agreement between the Government of Canada and the Government of the territory within which that specified point lies. Articles in the said agreement related to traffic between the territories of the two Governments, including but not limited to the Articles on capacity, statistics, and tariffs, shall apply;

5. Operational control of the aircraft shall remain with B.W.I.A. while it operates the services on behalf of St. Christopher and Nevis and such operations shall be conducted in accordance with the provisions of B.W.I.A.’s Operating Certificate as issued by the Government of Canada; and

6. The Government of the Federation of St. Christopher and Nevis and the Government of Trinidad and Tobago confirm to the Government of Canada their mutual agreement to the conditions set out in sub-paragraphs 1. to 5. above inclusive.

Alternatively, it would be acceptable if the Government of the Federation of St. Christopher and Nevis and the Government of Trinidad and Tobago were to enter into an agreement which provides for their joint operational control of the aircraft. Acceptance by the Government of Canada of B.W.I.A. as the designated airline of the Government of the Federation of St. Christopher and Nevis shall in this instance be contingent upon an arrangement between the Government of the Federation of St. Christopher and Nevis and the Government of Trinidad and Tobago which sets out in unambiguous fashion, acceptable to the Government of Canada, the joint and individual responsibilities and authorities of each State party to the arrangement with respect to:

1. Airline/aircraft licensing and registration;

2. Commercial and operational control;

3. Areas of liability and responsibility;

4. The exercise of judicial action whether as Plaintiff or Defendant, e.g. the right to sue or be sued.

I have the further honour to advise that, since the designation of B.W.I.A. by the Government of the Federation of St. Christopher and Nevis for the operation of services under the Agreement does not constitute the designation of an additional foreign airline to operate services at Toronto, the conditions applicable to additional foreign airlines granted exemptions to the application of the Toronto Moratorium shall not apply.

Should the Government of the Federation of St. Christopher and Nevis designate any other airline to exercise the traffic rights provided for under the Agreement between the Government of Canada and the Government of the Federation of St. Christopher and Nevis on Air Services, the provisions of Articles IV, V, and VI of the Agreement shall apply.

I have the honour to propose that, if the foregoing is acceptable to your Government, this Note, which is equally authentic in English and French, 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. This Agreement shall remain in force until such time as the Government of the Federation of St. Christopher and Nevis designates any other airline to exercise the traffic rights provided for under the Agreement or as long as the Agreement remains in force unless terminated by either Government upon one year’s written notice to the other.

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

Brian Mulroney

Prime Minister of Canada

II

The Prime Minister of St. Christopher and Nevis to the Prime Minister of Canada

NASSAU, October 18, 1985

Ref. No. FA/C15/078

The Right Honourable Brian Mulroney,
Prime Minister of Canada.

Sir,

I have the honour to refer to your Note no. CHOGM L.O. 10 dated October 18, 1985 relative to the designation by the Government of the Federation of St. Christopher and Nevis of Trinidad and Tobago (B.W.I.A. International) Airways Corporation for the operation of the agreed services provided for in the Agreement between the Government of Canada and the Government of the Federation of St. Christopher and Nevis on Air Services.

I have the honour to confirm that the proposals contained in the above-mentioned Note are acceptable to the Government of the Federation of St. Christopher and Nevis and that your Note together with this reply shall be regarded as constituting an Agreement between our two Governments effective from the date of this reply.

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

Kennedy A. Simmonds

Prime Minister